AC 7972; (October, 2018) (Digest)
G.R. No. 7972. October 03, 2018
ANGELITO CABALIDA, PETITIONER, V. ATTY. SOLOMON A. LOBRIDO, JR. AND ATTY. DANNY L. PONDEVILLA, RESPONDENTS.
FACTS
Petitioner Angelito Cabalida, claiming ownership of a property, filed an ejectment case against Reynaldo Salili and Janeph Alpiere. He engaged Atty. Solomon Lobrido, Jr. as his counsel. The defendants, represented by Atty. Danny Pondevilla, claimed Alpiere had purchased the property from Cabalida’s alleged donor. During the pendency of the case, the parties and their lawyers met for a possible settlement. An initial agreement was reached where the defendants would desist for P150,000. However, Cabalida later returned to Atty. Pondevilla’s office alone, where he was presented with a Compromise Agreement requiring him to pay P300,000 and to transfer the property title to Emma Pondevilla-Dequito, Atty. Pondevilla’s sister. Confused and unassisted by his own counsel, Cabalida signed. Atty. Lobrido later notarized this agreement without explaining its full implications to Cabalida. The MTCC approved the agreement, leading to the loss of Cabalida’s property. Cabalida then filed disbarment complaints against both lawyers.
ISSUE
Whether the Board of Governors of the Integrated Bar of the Philippines gravely erred in exonerating respondents Atty. Pondevilla and Atty. Lobrido from administrative liability.
RULING
The Supreme Court reversed the IBP Board of Governors’ exonerating resolutions and found both respondents administratively liable. The Court held that Atty. Pondevilla violated Rule 1.01 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, or deceitful conduct. By facilitating an agreement where his sister became the ultimate beneficiary of the disputed property, he placed himself in a conflict of interest and took advantage of Cabalida’s lack of legal sophistication and absence of counsel during the final negotiation. This constituted deceitful conduct warranting suspension.
Atty. Lobrido violated Canon 18, which mandates a lawyer to serve his client with competence and diligence. He abdicated his duty by failing to safeguard his client’s interests during the settlement process. His act of notarizing the Compromise Agreement without ensuring Cabalida fully understood its grave consequences—the surrender of his property title—demonstrated a severe dereliction of duty. He failed to render the proper legal assistance required of him. Consequently, the Court suspended Atty. Danny L. Pondevilla from the practice of law for one (1) year and Atty. Solomon A. Lobrido, Jr. for six (6) months. They were also warned that a repetition of similar acts would be dealt with more severely.