G.R. No. 48231 - Wise and Co., Inc. vs. Meer

Petitioner Angelito Cabalida – a high school undergraduate and registered owner of a residential lot in Rio Vista Homes, Bacolod City (TCT No. T-227214).
Respondents Atty. Solomon A. Lobrido, Jr. and Atty. Danny L. Pondevilla – both law practitioners; Pondevilla was concurrently a City Legal Officer of Talisay City (2004–2007).

Australian national Alan Keleher gifted Cabalida the subject property; after Keleher’s suicide on April 4, 2005, househelp Janeph Alpiere assumed control, sold Keleher’s personal effects without remittance, and locked out Cabalida.
Alpiere leased the property to Reynaldo Salili; Cabalida’s extrajudicial demand failed, prompting an ejectment suit (MTCC Bacolod City, Branch 4) filed September 23, 2005, with Atty. Lobrido as counsel. Defendants answered with counterclaim and alleged a prior sale to Alpiere and resale to Emma Pondevilla-Dequito.

Preliminary conferences (Feb–May 2006) led to talks in Pondevilla’s office: initial compromise at ₱150,000, later increased to ₱250,000, embodied in a Memorandum of Agreement (MOA) signed only by Alpiere and Pondevilla-Dequito (Salili deferred signature).
Interim Trust Agreement (June 17, 2006) – Pondevilla purportedly delivered TCT No. 227214 in trust for ₱250,000 (no actual funds exchanged).
Final MOA (July 2, 2006) – Cabalida signed a new MOA with Alpiere and Pondevilla-Dequito; Cabalida obtained a mortgage loan from Metropol Lending Corp. (MLC) and paid ₱250,000; Pondevilla withdrew as Salili’s counsel; MTCC approved the compromise (Decision Aug 17, 2006).

Atty. Lobrido formally withdrew (Sept 18, 2006); the case against Salili continued until dismissal for absence (Jan 24, 2008).
Cabalida defaulted on the mortgage loan; MLC foreclosed and auctioned his family residence (Nov 8, 2007 notice).

Administrative charges filed with the Office of the Bar Confidant – Cabalida alleged respondents colluded to deprive him of property, withheld his TCT, misrepresented the trust agreement, charged excessive fees, and abandoned him during negotiations.
IBP investigation by Commissioner Reyes – mandatory conferences and clarificatory hearings (2009); parties’ stipulations and admissions recorded; Verified position papers filed.
Report and Recommendation (Jan 19, 2010) – Commissioner found both respondents violated the Code of Professional Responsibility and recommended six-month suspension each.
IBP-BOG Resolutions

Dec 29, 2012 (Res. XX-2012-660) – reversed the Commissioner’s recommendation and dismissed the case with warning.
Sept 27, 2014 (Res. XXI-2014-592) – denied complainant’s motion for reconsideration and affirmed the dismissal.

Petition for Review under Rule 45 filed with the Supreme Court on May 15, 2015, raising a single issue regarding IBP-BOG’s exoneration despite alleged ethical violations.

Whether the IBP Board of Governors gravely erred in exonerating Atty. Solomon A. Lobrido, Jr. and Atty. Danny L. Pondevilla despite their commission of acts violative of the Code of Professional Responsibility.