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Fernandez vs Benjamin Grecia

42 SCA D 438 Legal Ethics Gross Misconduct.

In 1990, Linda Aves was admitted to St. Lukes Hospital. Among the doctors who
treated her was Dr.Alberto Fernandez. She was treated well hence she was sent home
but then
The next day she died togetherwith her unborn child. Damaso Aves, husband, then
led a damage suit against the hospital and heimpleaded the attending doctors which
included Fernandez. Aves hired Atty. Benjamin Grecia to representhim.Grecia requested
St. Luke to surrender before the court the medical records of Linda Aves. St.
Lukecomplied and the medical records were delivered to the Clerk of Court. In the
morning of July 16, 1991,Grecia went to the ofce of the clerk of court to borrow the said
medical records. While Grecia wasexamining the said medical records, he tore in front of
the Clerk and one ofce staff two pages from themedical records and then handed it back
to the Clerk. The Clerk was stunned as she watched Grecia walkaway. She then reported
the incident to the judge. The judge immediately took action and the torn pageswere
eventually recovered as it turned out that Grecia handed the torn pages to someone
else.Grecia was then administratively charged by Dr. Fernandez. Apparently, Grecia has
been disbarred before.However, he was able to get to the good side of the Supreme Court
hence he was reinstated to theprofession.
ISSUE:
Whether or not Grecia should be disbarred again.
HELD:
Yes. Grecia violated the Code of Professional Responsibility. As a lawyer, he
should not engage inunlawful, dishonest, immoral and deceitful conduct. A lawyer shall
at all times uphold the integrity anddignity of the legal profession and support the activities
of the Integrated Bar. A lawyer is an ofcer of thecourts; he is like the court itself, an
instrument or agency to advance the ends of justice. Considering thatthis is his second
offense, an incorrigible practitioner of dirty tricks, like Grecia would be ill-suited
todischarge the role of an instrument to advance the ends of justice. By descending to
the level of acommon thief, respondent
Grecia has demeaned and disgraced the legal profession. He has
demonstratedhis moral untness to continue as a member of the honorable fraternity of
lawyers. He has forfeited hismembership in the BAR.

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