A.C. No. 12121 - Malecdan vs. Baldo

Complainant Celestino Malecdan initiated an administrative complaint against Atty. Simpson T. Baldo for his alleged violation of Section 9 of Presidential Decree 1508 (Katarungang Pambarangay Law).
The said provision mandates that parties must appear in person at barangay conciliation proceedings, prohibiting lawyers from attending except for the specific exceptions provided (minors and incompetents).

Malecdan filed a letter of complaint for Estafa, Breach of Contract, and Damages against spouses James and Josephine Baldo before the Lupon of Barangay Pico in La Trinidad, Benguet.
On August 14, 2014, Atty. Baldo appeared as counsel for the Baldo spouses during the hearing before the Punong Barangay.
On August 18, 2014, Malecdan submitted a Complaint-Affidavit before the IBP Baguio-Benguet Chapter alleging the violation of Section 9 of P.D. 1508.
Following the filing, the Committee on Ethics of the IBP Baguio-Benguet Chapter set a conciliation conference for September 12, 2014, which later led to the case being endorsed to the Committee on Bar Discipline-IBP (CBD-IBP) after the parties failed to settle.
A series of procedural orders followed, including:

A September 17, 2014, order requiring Atty. Baldo to file a verified Answer within fifteen (15) days.
A notice on January 14, 2015, for a mandatory conference on February 18, 2015.
Malecdan’s filing of a Mandatory Conference Brief on February 12, 2015.
Rescheduling of the mandatory conference to March 24, 2015, after Atty. Baldo’s non-attendance.

In his Answer filed on February 23, 2015, Atty. Baldo admitted to being present during the barangay proceedings and stated that:

He had obtained permission from the barangay officer and from the complainant (and his companion) to join the hearing through a dialogue process with the parties.
His participation was justified by the prior relationship between the parties, having met with Malecdan during earlier discussions regarding the case.

On March 31, 2015, Malecdan filed a Verified Supplemental Complaint Affidavit emphasizing his vehement objection to Atty. Baldo's presence, arguing that his participation contravened the mandatory personal appearance requirement intended to avoid undue influence and ensure genuine dialogue.
The administrative investigation ensued with Investigating Commissioner Eduardo R. Robles issuing a Report and Recommendation on June 2, 2015, initially recommending a warning for Atty. Baldo, due to ambiguities in the language of the law regarding lawyer participation.
However, on June 20, 2015, the IBP Board of Governors reversed the earlier recommendation by imposing a reprimand on Atty. Baldo.

Whether Atty. Simpson T. Baldo’s participation as counsel in the barangay proceedings violated Section 9 of Presidential Decree 1508, which mandates the personal appearance of the parties and bars the participation of lawyers.
Whether such participation, by contravening the explicit statutory prohibition, also constitutes a violation of Rule 1.01 of Canon 1 of the Code of Professional Responsibility, thereby demonstrating unlawful, dishonest, or improper conduct.