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ALBERTO FERNANDEZ v. ATTORNEY BENJAMIN M. GRECIA

FACTS:

This is a disbarment complaint filed against Attorney Benjamin M. Grecia by Doctors Alberto Fernandez, Isabelo Ongtengco, and Achilles Bartolome, along with the St. Luke's Medical Center. The complaint alleges that Attorney Grecia committed dishonesty and grave misconduct in relation to the theft of certain pages from a medical chart, which were material evidence in a damage suit filed by Grecia's clients against the aforementioned doctors and the medical center. Attorney Grecia had previously been disbarred on November 12, 1987, but was reinstated on December 18, 1990, following his promises of reform. However, only eight months later on August 20, 1991, he faced another charge of dishonesty and unethical practice. The complaint against Attorney Grecia was referred to Deputy Court Administrator Juanito A. Bernad for investigation, report, and recommendation.

The complaint stemmed from the death of Fe Linda Aves, who was admitted to St. Luke's Hospital while seven months pregnant, complaining of dizziness, hypertension, abdominal pains, and vaginal bleeding. Doctors Fernandez, Ongtengco, Jr., and Bartolome examined her and diagnosed her condition as mild pre-eclampsia. After being discharged from the hospital, Mrs. Aves was rushed back the next day and tragically died, along with her unborn child, on December 27, 1990.

Attorney Damaso B. Aves, husband of the deceased, filed a damage suit against the hospital and the attending physicians, represented by Attorney Grecia. On July 4, 1991, the medical records of Mrs. Aves were produced in court by St. Luke's and entrusted to Acting Branch Clerk of Court Avelina Robles. On July 16, 1991, before a hearing, Attorney Grecia borrowed the folder containing the medical records from Mrs. Robles and, while leafing through it, secretly tore off two pages. Mrs. Robles and another clerk witnessed this act, with Grecia crumpling the papers and placing them in the pocket of his coat. Grecia promptly returned the folder to Mrs. Robles and left the office. Realizing the missing pages, Mrs. Robles ordered the other clerk to follow Grecia. The clerk saw Grecia near the canteen calling a man, presumably his driver, who took the crumpled papers from Grecia's coat pocket. The clerk reported this to Mrs. Robles, who then informed Judge Capulong.

Judge Capulong, in the presence of Attorney Aves, Attorney Limson (counsel for St. Luke's), Mrs. Robles, and the clerk, confronted the man and demanded the return of the stolen papers. The man initially denied having the papers, but when the clerk stated that she saw Grecia give them to him, he reluctantly gave them to Judge Capulong. The missing pages were identified as pages "72" and "73" of the medical folder. Mrs. Robles later collapsed and was hospitalized due to the incident.

As a result of the incident and the emotional strain caused, Judge Capulong recused herself from presiding over Civil Case No. 3548-V. Subsequently, St. Luke's filed a disbarment case against Attorney Grecia on August 20, 1991, leading to the investigation conducted by Judge Bernad.

ISSUES:

  1. Whether Attorney Grecia was responsible for the theft of exhibits in Civil Case No. 3548-V.

  2. Whether Attorney Castro was the one who stole the pages from the medical folder and gave them to an unidentified man.

  3. Whether Attorney Benjamin M. Grecia violated the Rules of Professional Responsibility.

  4. Whether Attorney Benjamin M. Grecia should be disbarred.

RULING:

  1. The Court found Attorney Grecia responsible for the theft of exhibits in Civil Case No. 3548-V. The testimonies of the court employee, Maria Arnie Sandico, and the Acting Branch Clerk of Court, Avelina Robles, were considered credible and consistent, while Grecia's testimony was found less credible and lacking in truth and candor.

  2. The Court did not find Attorney Castro to be the one who stole the pages from the medical folder and gave them to an unidentified man. The allegation made by Attorney Aves regarding Castro's involvement was deemed to be an incredible fabrication.

  3. Attorney Benjamin M. Grecia violated Rule 1.01, Canon 1, and Canon 7 of the Rules of Professional Responsibility, which prohibit unlawful, dishonest, immoral, and deceitful conduct and require lawyers to uphold the integrity and dignity of the legal profession.

  4. Attorney Benjamin M. Grecia is guilty of grave misconduct, dishonesty, and grossly unethical behavior as a lawyer. Since this is his second offense against the canons of the profession, the Supreme Court ordered his disbarment and cancellation of his license to practice law in the Philippines.

PRINCIPLES:

  • Credibility of witnesses - The Court relied on the credibility of the witnesses in evaluating the truthfulness of their testimonies.

  • Presumption of innocence - The Court presumed Attorney Grecia innocent until proven guilty, but based on the evidence presented, he was found responsible for the theft of exhibits.

  • Burden of proof - The burden of proving the guilt of Attorney Grecia and Attorney Castro rested on the complainant, St. Luke's, which failed to establish that Castro was the one involved in the theft.

  • A lawyer is an officer of the courts and should advance the ends of justice.

  • Integrity and good moral character are essential for lawyers in the practice of their profession.

  • Misconduct, whether in a lawyer's professional or private capacity, that shows lack of moral character, honesty, probity, and good demeanor may warrant disbarment or suspension.

  • Disbarment is an appropriate penalty for conduct that brings reproach on the legal profession or injures it in the public's opinion.