101) Atty. Evelyn Magno vs. Atty. Olivia Velasco-Jacoba ISSUE: Whether or not Velasco-Jacoba should be suspended.
asco-Jacoba should be suspended. – NO, she was just fined
A.C. No. 6296 | 2005-11-22 | Garcia, J. and warned by the SC.
DOCTRINE: The rationale behind the personal appearance requirement is to enable HELD:
the lupon to secure first hand and direct information about the facts and issues, the Section 415 of the LGC of 1991, on the subject Katarungang Pambarangay, provides:
exception being in cases where minors or incompetents are parties. Section 415. Appearance of Parties in Person. - In all katarungang
pambarangay proceedings, the parties must appear in person without the
FACTS: assistance of the counsel or representative, except for minors and
In her sworn complaint, Atty. Evelyn J. Magno charged Atty. Olivia Velasco- incompetents who may be assisted by their next of kin who are not lawyers.
Jacoba, a member of the IBP Nueva Ecija, with willful violation of (a)
Section 415 of the Local Government Code (LGC) of 1991 and (b) Canon 4 The above-quoted provision clearly requires the personal appearance of the parties
of the Code of Professional Responsibility. in katarungan pambarangay conciliation proceedings, unassisted by counsel or
This disciplinary case arose out of a disagreement that Magno had with her representative. The rationale behind the personal appearance requirement is to enable
uncle, Lorenzo Inos, over a landscaping contract they had entered into. In a the lupon to secure first hand and direct information about the facts and issues, the
bid to have the stand-off between them settled, Magno addressed a letter, exception being in cases where minors or incompetents are parties. There can be no
styled "Sumbong", to Bonifacio Alcantara, barangay captain of Brgy. San quibbling that laymen of goodwill can easily agree to conciliate and settle their
Pascual, Talavera, Nueva Ecija. disputes between themselves without what sometimes is the unsettling assistance of
At the barangay conciliation/confrontation proceedings, Velasco-Jacoba, on lawyers whose presence could sometimes obfuscate and confuse issues. Worse still,
the strength of a Special Power of Attorney signed by Lorenzo Inos, appeared the participation of lawyers with their penchant to use their analytical skills and legal
for the latter, accompanied by his son, Lorenzito. knowledge tend to prolong instead of expedite settlement of the case.
Magno's objection to Velasco-Jacoba’s appearance elicited the response that
Lorenzo Inos is entitled to be represented by a lawyer inasmuch as Magno is The prohibition against the presence of a lawyer in a barangay conciliation proceedings
herself a lawyer. And as to Magno's retort that her being a lawyer is merely was not, to be sure, lost on respondent. Her defense that the aforequoted Section 415 of
coincidental, Velasco-Jacoba countered that she is appearing as an attorney- the LGC does not apply since complainant addressed her Sumbong to the barangay
in-fact, not as counsel, of Lorenzo Inos. captain of Brgy. San Pascual who thereafter proceeded to hear the same is specious at
Magno enumerated specific instances, with supporting documentation, best. In this regard, suffice it to state that complainant wrote her Sumbong with the end
tending to prove that Velasco-Jacoba had, in the course of the conciliation in view of availing herself of the benefits of barangay justice. That she addressed
proceedings before the Punong Barangay, acted as Inos Lorenzo's counsel her Sumbong to the barangay captain is really of little moment since the latter chairs
instead of as his attorney-in-fact. the Lupong Tagapamayapa.
Atty. Victor C. Fernandez, IBP Director for Bar Discipline, directed the
Velasco-Jacoba to submit, within fifteen (15) days from notice, her answer to Lest it be overlooked, the prohibition in question applies to all katarungan
the complaint, otherwise she will be considered as in default. barangay proceedings. Section 412(a)[11] the LGC of 1991 clearly provides that, as a
In her Answer, Velasco-Jacoba alleged that the administrative complaint was precondition to filing a complaint in court, the parties shall go through the conciliation
filed with the Office of the Punong Barangay, instead of before the Lupong process either before the lupon chairman or the lupon or pangkat. As what happened
Tagapamayapa, and heard by Punong Barangay Bonifacio Alcantara alone, in this case, the punong barangay, as chairman of the Lupon Tagapamayapa,
instead of the collegial Lupon or a conciliation panel known as pangkat. conducted the conciliation proceedings to resolve the disputes between the two
Prescinding from this premise, respondent submits that the prohibition against parties.
a lawyer appearing to assist a client in katarungan pambarangay proceedings
does not apply. Further, she argued that her appearance was not as a lawyer,
but only as an attorney-in-fact.
Commissioner Maala stated that the "charge of complainant has been
established by clear preponderance of evidence" and, on that basis,
recommended that Velasco-Jacoba be suspended from the practice of her
profession for 6 months. IBP adopted.
