Jody M. Walker Attorney-At-Law 7841 South Garfield Way Centennial, CO 80122 303-850-7637 jmwalker85@earthlink.net 303-220-9902 telephone facsimile Exhibit 5 June 18, 2004 CONSENT AND OPINION OF COUNSEL Securities and Exchange Commission 450 Fifth Street N.W. Washington, D.C. 20549-1004 Gentlemen: I am securities counsel to Develocap, Inc., a Nevada Corporation (the "Company"). I have, in such capacity, examined and am familiar with the Articles of Organization, as amended to date, and the By-laws of the Company, and have examined the records of corporate proceedings. I have also examined and am familiar with such other documents as I have considered necessary for rendering my opinion hereinafter set forth. Based upon the foregoing, I am of the opinion that the shares of Common Stock, $.001 par value, of the Company reserved for issuance under the Develocap, Inc. 2004 Non-Statutory Stock Option Plan dated January 27, 2004, will, when issued in accordance with the terms of such plan, be legally issued, fully paid and non-assessable. In addition, I hereby consent to the use of our name in the above opinion filed with the Registration Statement on Form S-8. Very truly yours, /s/ Jody M. Walker - ------------------------- Jody M. Walker