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9 Magno V Velasco-Jacoba

(1) The complaint alleges that attorney Olivia Velasco-Jacoba violated the Local Government Code and Code of Professional Responsibility by representing her client Lorenzo Inos during barangay conciliation proceedings between Lorenzo Inos and attorney Evelyn Magno over a landscaping contract dispute. (2) The law prohibits lawyers from being present during barangay conciliation proceedings to allow parties to directly discuss issues and expedite settlement. (3) During the proceedings, Velasco-Jacoba identified herself as the legal counsel of the Inos family and acted in a manner indicating she was representing Lorenzo Inos rather than just serving as his representative.

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Lucy Heartfilia
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117 views14 pages

9 Magno V Velasco-Jacoba

(1) The complaint alleges that attorney Olivia Velasco-Jacoba violated the Local Government Code and Code of Professional Responsibility by representing her client Lorenzo Inos during barangay conciliation proceedings between Lorenzo Inos and attorney Evelyn Magno over a landscaping contract dispute. (2) The law prohibits lawyers from being present during barangay conciliation proceedings to allow parties to directly discuss issues and expedite settlement. (3) During the proceedings, Velasco-Jacoba identified herself as the legal counsel of the Inos family and acted in a manner indicating she was representing Lorenzo Inos rather than just serving as his representative.

Uploaded by

Lucy Heartfilia
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Alternative

Dispute
Resolution
ATTY. EVELYN J. MAGNO, 
complainant, 
vs.
ATTY. OLIVIA VELASCO-
JACOBA, 
respondent.||| 
FACTS:
– The complainant, Atty. Evelyn J. Magno charged Atty. Olivia
Velasco- Jacoba, with willful violation of
(a) Section 415 of the Local Government Code (LGC) of
1991; and
(b) Canon 4 of the Code of Professional Responsibility.
– The complaint was endorsed by the President of the
Integrated Bar of the Philippines (IBP), Nueva Ecija Chapter,
where both lawyers are members
Prohibition against presence of lawyers in
Barangay Conciliation Proceedings

– the parties must appear in person without


the assistance of the counsel or
representative||| 
– Except: minors or incompetents who may be
represented by their next of kin who are not
lawyers
Prohibition against presence of lawyers in
Barangay Conciliation Proceedings

– Rationale: to enable the lupon to secure first


hand and direct information about the facts
and issues
– laymen of goodwill can easily agree to
conciliate and settle their disputes between
themselves.
Prohibition against presence of lawyers in
Barangay Conciliation Proceedings

– The presence of lawyers could sometimes


obfuscate and confuse issues. (Obfuscate : to
make unclear, to bewilder)
– Worse still, the participation of lawyers with
their penchant to use their analytical skills
and legal knowledge tend to prolong instead of
expedite settlement of the case.
Canon 4

– A LAWYER SHALL PARTICIPATE IN THE


DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE. 
FACTS:
– Atty. Evelyn J. Magno had a disagreement with her uncle
Lorenzo Inos over a landscaping contract they entered into.
– In a bid to settle their differences, Atty. Magno wrote to the
Barangay Captain.
– On the date of conciliation/ confrontation proceedings, it was
Atty. Velasco-Jacoba who appeared together with Lorenzito,
the son of Lorenzo.
FACTS:
- When Atty. Magno aired her opposition to the presence of
Atty. Velasco-Jacoba during the proceedings, the latter replied
that she is there as Atty In Fact (representative) and not as
counsel, and
- that Lorenzo is entitled to be represented by a lawyer as the
complainant is herself a lawyer,
- However, on various occassions, Atty. Velasco-Jacoba acted
not as atty In fact but as counsel:
FACTS:
• Such as when she asked for an ocular inspection of the subject
matter of the complaint. A heated argument took place
because Lorencito Inos said that Melencio Magno, Jr. (brother
of complainant Atty. Magno) made alterations in the lagoon . .
• Afterwards Atty. Olivia Jacoba . . . returned to the barangay
hall to have the incident recorded in the barangay blotter.
• Or when Lorenzo Inos appeared before the hearing with the
assistance of Atty. Velasco-Jacoba
FACTS:
• In one letter reply addressed to the Lupon, Atty. Velasco-
Jacoba signed :

Family Legal Counsel of Inos Family.


ISSUE:
Whether or not
Atty. Olivia Velasco-Jacoba
violated the
Local Government Code
and the
Code of Professional Responsibility.
HELD

Yes. Atty. Olivia Velasco-Jacoba is hereby FINED in the amount


of Five Thousand Pesos (P5,000.00) for willful violation of
Section 415 of the Local Government Code of 1991 with
WARNING that commission of similar acts of impropriety on her
part in the future will be dealt with more severely.
Submitted by:
Amor Charmaigne Hernandez

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