Fernandez v. Grecia
REITERATIONFacts
The Antecedents: Fe Linda Aves, seven months pregnant, died at St. Luke's Medical Center on December 27, 1990, after being treated for mild pre-eclampsia. Her husband, Atty. Damaso B. Aves, filed a damage suit (Civil Case No. 3548-V) against the hospital and attending physicians. Respondent Atty. Benjamin Grecia represented the Aves family. On July 4, 1991, the medical records were produced in court and entrusted to the Acting Branch Clerk of Court, Avelina Robles. Procedural History: On July 16, 1991, Atty. Grecia borrowed the medical folder from Robles. Court employees Robles and Maria Arnet Sandico witnessed Grecia tear off pages 72 and 73, crumple them, and put them in his pocket. Sandico followed Grecia and saw him hand the papers to his driver. Judge Teresita Dizon-Capulong confronted the driver, who eventually surrendered the crumpled pages. The incident led to the hospitalization of Robles due to emotional strain and the inhibition of Judge Capulong. The Petition: On August 20, 1991, the doctors and St. Luke's filed a disbarment complaint against Atty. Grecia for dishonesty and grave misconduct. Grecia denied the charges, claiming the driver was 'planted' and that he was wearing a barong tagalog without pockets. He argued the medical records were the foundation of his case and he had no reason to steal them.
Issue(s)
Whether Atty. Benjamin M. Grecia is guilty of grave misconduct and dishonesty warranting disbarment.
Ruling
WHEREFORE, the Court finds Attorney Benjamin Grecia guilty of grave misconduct, dishonesty, and grossly unethical behavior as a lawyer. Considering that this is his second offense against the canons of the profession, the Court resolved to impose upon him once more the supreme penalty of DISBARMENT. His license to practice law in the Philippines is hereby CANCELLED and the Bar Confidant is ordered to strike out his name from the Roll of Attorneys.
Ratio Decidendi
On Issue 1: The Court found the testimonies of court employees Maria Arnie Sandico and Avelina Robles entirely credible and without guile. Their accounts of seeing Atty. Grecia surreptitiously remove pages from the medical chart were consistent even under cross-examination. The Court rejected Grecia's defense that the driver was 'planted,' noting that the driver was seen receiving the papers directly from him. Applying the principle in In Re Almacen, the Court emphasized that disciplinary proceedings are intended to protect the public and the court from the misconduct of its officers. The Court noted that Grecia had been previously disbarred in 1987 for an 'unholy alliance' with a judge and was only reinstated in 1990. His subsequent act of stealing evidence only eight months after reinstatement proved he was not reformed. By descending to the level of a common thief, he violated Rule 1.01 and Canon 7 of the Code of Professional Responsibility. Consequently, his continued possession of the privilege to practice law was revoked to maintain the high standard of honesty and integrity required of the Bar.
Main Doctrine
The practice of law is a privilege burdened with conditions. Adherence to the Code of Professional Responsibility (CPR), specifically the avoidance of unlawful, dishonest, immoral, and deceitful conduct, is mandatory. A lawyer who stoops to the level of a common thief by purloining court exhibits violates their oath and the integrity of the legal profession, justifying the supreme penalty of disbarment, especially for a repeat offender.