I walked in and he waved at me. "Ey take it easy!.. so howdy.. you alright?" I said and smiled when we accidentally caught each other eating at the mall (Chowking) our tables adjacent to each other.
"Chip help me?" "Haha help you about what? (looking a bit puzzled as I was chewing my food). "This girl pare I've been calling her, doesn't wanna talk to me galit yata eh. I'll dial bro could you please talk to her?" "No no I .. I can't do that (chewing) It wouldn't look good on you. You should be the one doing it. Babae lang yan pre.. you can solve it, take care of it man" "You're right"
The guy studies in another law school. Met him at a firing range once. His car's almost the same as mine so we've been comparing notes. But he's considerably young. I looked at him while eating and mukang namomroblema talaga.
"Mahal mo ba?" "Ewan ko mahal ko na yata pre" "Take it easy pre.. pag abugado ka na.. mas marami kang mamemeet na mas magaganda, matatalino and well-bread ah este well-bred na babae.. baka magsisi ka.. put the best at the last man.. easy lang." "Right.. when were practicing na no? (he smiled) I can't wait for that 'pañero". "Just remember 3 words and never forget it.. 'control' 'control' and 'control'.. if that thing with your girl can still be fixed then fix it but control your heart man. Make decisions of your own. Grow up and be your own man. Love lang yan, yaan mo sila mamroblema. Kukuha ka ng bar.. di ba? Always think that we're not like them.. we are built differently.. a lot is expected of us so do away with these women if they can't keep up, we are made for a different kind of woman" "You're right..thanks man.. thanks for reminding.. I can't really wait for law practice man..".
Question: What constitutes law practice.. or Practice of Law?
(I'll make this easy for you.. here's your answer in a nutshell. Think Statutory Construction. Two birds, one stone, hit one. It's Not Strictly but LIBERALLY Construed. Get it?)
"Chip help me?" "Haha help you about what? (looking a bit puzzled as I was chewing my food). "This girl pare I've been calling her, doesn't wanna talk to me galit yata eh. I'll dial bro could you please talk to her?" "No no I .. I can't do that (chewing) It wouldn't look good on you. You should be the one doing it. Babae lang yan pre.. you can solve it, take care of it man" "You're right"
The guy studies in another law school. Met him at a firing range once. His car's almost the same as mine so we've been comparing notes. But he's considerably young. I looked at him while eating and mukang namomroblema talaga.
"Mahal mo ba?" "Ewan ko mahal ko na yata pre" "Take it easy pre.. pag abugado ka na.. mas marami kang mamemeet na mas magaganda, matatalino and well-bread ah este well-bred na babae.. baka magsisi ka.. put the best at the last man.. easy lang." "Right.. when were practicing na no? (he smiled) I can't wait for that 'pañero". "Just remember 3 words and never forget it.. 'control' 'control' and 'control'.. if that thing with your girl can still be fixed then fix it but control your heart man. Make decisions of your own. Grow up and be your own man. Love lang yan, yaan mo sila mamroblema. Kukuha ka ng bar.. di ba? Always think that we're not like them.. we are built differently.. a lot is expected of us so do away with these women if they can't keep up, we are made for a different kind of woman" "You're right..thanks man.. thanks for reminding.. I can't really wait for law practice man..".
Question: What constitutes law practice.. or Practice of Law?
(I'll make this easy for you.. here's your answer in a nutshell. Think Statutory Construction. Two birds, one stone, hit one. It's Not Strictly but LIBERALLY Construed. Get it?)
Here's the case. Again another landmark case. Respondent Atty. Christian Monsod was nominated by President Corazon Aquino to the position of Chairman of the COMELEC through a letter received by the Secretariat of the Commission on Appointments on April 25, 1991.
(The thing was.. the guy though a distinguished member of the Philippine Bar had scarcely an experience in law practice.)
The 1987 constitution provides in Section 1, Article IX-C That majority of the Commissioners of the COMELEC including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for AT LEAST 10 YEARS. This is the prerequisite.
(Although correct me if I'm wrong I think back then as far as I can remember Atty. Christian Monsod's professional background had been hugely identified with the private sector. The guy had been I think a Consultant of some private banks. Had been the Director of MERALCO and served as the Chief Strategist of Benpres Holdings Corp. His other experiences I have no idea. And well I dunno, by the looks of it I think the guy also stood as trustees for a number of private institutions. Bottomline? The guy never appeared in courts and practiced legal profession.. let's see how this will hold)
(Here now comes one of the best fiscalizers of all times. Atty. Renato Cayetano, who I think started his law practice in one of the top law firms in the country, the ACCRA Law)
(Here now comes one of the best fiscalizers of all times. Atty. Renato Cayetano, who I think started his law practice in one of the top law firms in the country, the ACCRA Law)
Petitioner Atty. Renato Cayetano opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least 10 years.
(Cayetano was the feisty former senator and father of Sen. Allan Peter Cayetano who I think lived up to that name and followed his father's footsteps together with his sister. The apples never really fell far from the tree huh?)
The thing was.. The Commission on Appointments confirmed the appointment despite Cayetano's objection. And on June 18, 1991, Monsod took his oath of office and on the same day assumed office as Chairman of the COMELEC.
Challenging the validity of the CA confirmation Cayetano as a citizen and taxpayer, filed this instant petition for Certiorari and Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void.
(So.. shall we flip a coin? Was the appointment of Chairman Monsod of COMELEC violates Section 1, Article IX-C of the 1987 Constitution?)
ISSUE:
Whether or not Monsod has been engaged in the practice of law for 10 years.
RULING:
(Don't be surprised.. here's what the high court said..)
YES. The practice of law is not limited to the conduct of cases or litigation in court.
(Again may I remind you, this is a landmark case.. we now have a new definition for the practice of law by virtue of this jurisprudence)
(Again may I remind you, this is a landmark case.. we now have a new definition for the practice of law by virtue of this jurisprudence)
Court said Practice of Law embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the trained legal mind of the legal effect of facts and conditions. Atty. Monsod, who passed the bar in 1960, worked with the World Bank Group from 1963-1970, then worked for an investment bank till 1986, became member of the CONCOM in 1986, and also became a member of the Davide Commission in 1990, can be considered to have been engaged in the practice of law as lawyer-economist, lawyer-manager, lawyer-entrepreneur, etc.
Furthermore Atty. Christian Monsod as a member of the Philippine Bar has been paying dues like all members of the Integrated Bar of the Philippines since its inception in 1972-73. He has also been paying his professional license fees as lawyer for more than ten years.
(So it's clear it is not strictly construed.. we apply liberal construction when we talk of law practice.. listen to this..)
Court said "The records of the 1986 Constitutional Commission show that the interpretation of the term practice of law was LIBERAL as to consider lawyers employed in the Commission of Audit as engaged in the practice of law provided that they use their legal knowledge or talent in their respective work.
The court also cited an article in the January 11, 1989 issue of the Business Star, that lawyers nowadays have their own specialized fields such as tax lawyers, prosecutors, etc., that because of the demands of their specialization, lawyers engage in other works or functions to meet them. These days, for example, most corporation lawyers are involved in management policy formulation.
At this point, it might be helpful to define private practice. The term, as commonly understood, means "an individual or organization engaged in the business of delivering legal services." Lawyers who practice alone are often called "sole practitioners." Groups of lawyers are called "firms." The firm is usually a partnership and members of the firm are the partners. Some firms may be organized as professional corporations and the members called shareholders. In either case, the members of the firm are the experienced attorneys. In most firms, there are younger or more inexperienced salaried attorneys called "associates."
And so the petitions for certiorari and prohibition were dismissed.
And so the petitions for certiorari and prohibition were dismissed.
(Well.. tsk beautiful.. isn't it? The court never could have said it more beautifully.. there is no need for a strict construction.. period).
