This case involves a dispute that was brought before the barangay. The complainant questioned the respondent lawyer for appearing on behalf of her uncle at the barangay proceeding in violation of laws prohibiting lawyers from personally appearing at such proceedings except if they are a party or represent a minor. The respondent claimed to be appearing as an attorney-in-fact rather than a lawyer. However, the ruling found that based on the barangay minutes, the respondent was clearly acting as a lawyer for the uncle. Therefore, the respondent violated the law and was fined 5000 pesos by the Supreme Court.
This case involves a dispute that was brought before the barangay. The complainant questioned the respondent lawyer for appearing on behalf of her uncle at the barangay proceeding in violation of laws prohibiting lawyers from personally appearing at such proceedings except if they are a party or represent a minor. The respondent claimed to be appearing as an attorney-in-fact rather than a lawyer. However, the ruling found that based on the barangay minutes, the respondent was clearly acting as a lawyer for the uncle. Therefore, the respondent violated the law and was fined 5000 pesos by the Supreme Court.
This case involves a dispute that was brought before the barangay. The complainant questioned the respondent lawyer for appearing on behalf of her uncle at the barangay proceeding in violation of laws prohibiting lawyers from personally appearing at such proceedings except if they are a party or represent a minor. The respondent claimed to be appearing as an attorney-in-fact rather than a lawyer. However, the ruling found that based on the barangay minutes, the respondent was clearly acting as a lawyer for the uncle. Therefore, the respondent violated the law and was fined 5000 pesos by the Supreme Court.
This involves brgy proceedings -- pertains to proceedings wherein
lawyers are prohibited from personally appearing for a party in his office. Facts: Magno filed a complaint against the respondent lawyer for a violation of LGC as well as the Code of Professional Responsibility. There was a dispute between complainant and her uncle. She filed a case before the brgy wherein the uncle allegedly authorized respondent lawyer as an attorney-in-fact to appear in that brgy proceeding. Because of the appearance of the atty, complainant questioned such representation. Contention of Respondent: not appearing as a lawyer but as an attorney-in-fact. [Attorney-at-law: one who is admitted to the bar and qualified fit to practice the profession Attorney-in-fact: can be lawyer/non-lawyer, this authority is based on a document executed by another person giving that attorney-in-fact to do the following acts; this power is usually embodied in a document denominated as a special power of attorney] Ruling: It's clear that based on the minutes of the brgy proceedings that respondent was acting as lawyer/counsel for and in behalf of the uncle of complainant. Respondent violated the provision on Katarungang Pambarangay Law which prohibits lawyers from personally appearing before the brgy proceedings except if they are party to such proceeding or if they represent a minor/incompetents. In this case, respondent does not fall to any of the exceptions. Because of that, respondent was disciplined by SC and was fined 5,000. The purpose of the provision of the Katarungan Pambarangay Law which prohibits the personal appearance of lawyers is to enable the lupon/brgy to get firsthand information, to get the facts out of the mouth of the parties; to expedite the settlement proceedings, because the participation of the lawyers may only complicate and confuse the proceedings and may prevent the parties from coming into an amicable settlement.