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Home Jurisprudence Alberto Fernandez vs Atty. Benjamin Grecia
Alberto Fernandez vs Atty. Benjamin Grecia
42 SCAD 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 together
with her unborn child. Damaso Aves, husband, then led a damage suit against the hospital and he
impleaded the attending doctors which included Fernandez. Aves hired Atty. Benjamin Grecia to represent
him.
Grecia requested St. Luke to surrender before the court the medical records of Linda Aves. St. Luke
complied 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 was
examining the said medical records, he tore in front of the Clerk and one ofce staff two pages from the
medical records and then handed it back to the Clerk. The Clerk was stunned as she watched Grecia walk
away. She then reported the incident to the judge. The judge immediately took action and the torn pages
were 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 the
profession.
! Court Case ! Divorce Atty ! Attorney & Law ! Juvenile Law
0 0 0 1 0 0 0
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 in
unlawful, dishonest, immoral and deceitful conduct. A lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the Integrated Bar. A lawyer is an ofcer of the
courts; he is like the court itself, an instrument or agency to advance the ends of justice. Considering that
this is his second offense, an incorrigible practitioner of dirty tricks, like Grecia would be ill-suited to
discharge the role of an instrument to advance the ends of justice. By descending to the level of a
common thief, respondent Grecia has demeaned and disgraced the legal profession. He has demonstrated
his moral untness to continue as a member of the honorable fraternity of lawyers. He has forfeited his
membership in the BAR.

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FERNANDEZ vs
GRECIA
In Re: Petition for
Extraordinary
Mercy of Edmundo
Macarrubo
Florence Teves
Macarrubo vs Atty.
Edmundo
Macarrubo
NEVADA vs
CASUGA
Atty. Elmer Solidon
vs Atty. Ramil
Macalalad
Priscilla Orbe vs
Atty. Adaza
Enrique Zaldivar vs
Raul Gonzalez
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