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

Complainant Celestino Malecdan filed an administrative complaint against Respondent Atty. Simpson T. Baldo for appearing and participating as counsel in proceedings before the Lupon of Barangay Pico, La Trinidad, Benguet on August 14, 2014.
The complaint alleged violation of Section 9 of Presidential Decree 1508 (P.D. 1508), which provides that parties in barangay conciliation proceedings must appear in person without the assistance of counsel, except for minors and incompetents.

On August 18, 2014, Malecdan filed the complaint with the Office of the Integrated Bar of the Philippines Baguio-Benguet Chapter.
The Committee on Ethics furnished Atty. Baldo a copy of the complaint and set a conciliation conference on September 12, 2014; the parties failed to settle and on September 15, 2014 the complaint was endorsed to the Committee on Bar Discipline-IBP (CBD-IBP).

The CBD-IBP issued an order dated September 17, 2014 requiring Atty. Baldo to file a duly verified answer within fifteen days.
A notice dated January 14, 2015 set a mandatory conference for February 18, 2015; Malecdan filed a mandatory conference brief on February 12, 2015.
The mandatory conference was rescheduled to March 24, 2015 after Atty. Baldo failed to attend the February 18, 2015 conference.
In his Answer dated February 23, 2015, Atty. Baldo admitted presence at the barangay proceedings and explained he obtained permission from the officer-in-charge and that Malecdan allegedly consented to his participation because of prior acquaintance.

On March 24, 2015, Investigating Commissioner Eduardo R. Robles gave Malecdan fifteen days to file a supplemental complaint and gave Atty. Baldo fifteen days to file a supplemental answer.
On March 31, 2015, Malecdan filed a Verified Supplemental Complaint Affidavit alleging he vehemently objected to Atty. Baldo's presence, and that Atty. Baldo used his influence to prevail upon the Punong Barangay and the Barangay Secretary to permit his participation over objections.

Investigating Commissioner Robles issued a Report and Recommendation dated June 2, 2015 recommending th...(Subscriber-Only)

Whether Atty. Simpson T. Baldo's appearance and participation as counsel in the August 14, 2014 barangay proceedings violated Section 9 of P.D. 1508.
Whether such appearance constituted a violation of Canon 1, Rule 1.01 of the Code of Professional Responsibility (CPR) prohibiting unlawful, dishones...(Subscriber-Only)