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Malecdan v. Baldo PDF

Atty. Baldo represented spouses Baldo during a complaint hearing before the Punong Barangay, which violated Section 9 of P.D. 1508 that prohibits lawyers from participating in proceedings before the Lupon. Malecdan filed a complaint against Atty. Baldo with the IBP. While Atty. Baldo admitted to the allegations, the IBP investigation found him liable for violating Rule 1.01 of Canon 1 of the Code of Professional Responsibility and he was reprimanded with a stern warning.

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933 views2 pages

Malecdan v. Baldo PDF

Atty. Baldo represented spouses Baldo during a complaint hearing before the Punong Barangay, which violated Section 9 of P.D. 1508 that prohibits lawyers from participating in proceedings before the Lupon. Malecdan filed a complaint against Atty. Baldo with the IBP. While Atty. Baldo admitted to the allegations, the IBP investigation found him liable for violating Rule 1.01 of Canon 1 of the Code of Professional Responsibility and he was reprimanded with a stern warning.

Uploaded by

John Anthony B. Lim
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© © All Rights Reserved
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Rule 1.

01 of Canon 1 of the Code of Professional Responsibility


11. Malecdan v. Baldo

FACTS:

● Malecdan filed an administrative complaint against Atty. Baldo with the IBP Baguio-Benguet
Chapter for alleged violation of Section 9 of P.D. 1508 also known as the Katarungang
Pambarangay Law, which prohibits the participation of lawyers in the proceedings before the
Lupon:
SEC. 9. Appearance of parties in person. — In all proceedings provided for herein, the
parties must appear in person without the assistance of counsel/representative, with the
exception of minors and incompetents who may be assisted by their next of kin who are
not lawyers.
● Malecdan filed a complaint for Estafa, Breach of Contract and Damages against spouses Baldo,
before the Lupon of Barangay. Atty. Baldo appeared as counsel of spouses Baldo during the
hearing on the subject complaint before the Punong Barangay.
● Malecdan filed a complaint before the local IBP Chapter praying that proper sanctions be
imposed on Atty. Baldo for violating Section 9 of P.D. 1508. This was later endorsed to the
Committee on Bar Discipline of the local IBP Chapter and gave the respondent-attorney 15 days
to respond.
● Atty. Baldos admitted to the allegations however with a version that favored him. The CBD-IBP
then requested supplemental affidavits from both sides, which Malecdan countered that he
protested to Atty. Baldos’ presence in the supposed Barangay settlement.
● Investigating Commissioner of the CBD-IBP then recommended to the IBP Board of Governors
to give Atty. Baldos a warning. However, the IBP - BOG issued a resolution REPRIMANDING
the respondent.

ISSUES:
Whether or not, Atty. Simpson T. Baldo is liable for the violation of Canon 1 ​and ​Rule 1.01 of the Code
of Professional Responsibility

RULING:
YES​, the court found him liable and was reprimanded with a stern warning that a repetition of the same or
similar act would be dealt with more severely. Atty. Baldo's violation of P.D. 1508 thus falls squarely
within the prohibition of ​Rule 1.01 of Canon 1 of the Code of Professional Responsibility (CPR)​,
which provides:
CANON 1 — A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS
OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES.
Rule 1.01 — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

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