Legal Ethics - Case Digest Carl Andrey A.

Espinosa

Fernandez vs Grecia
A.C. No. 3694
Disbarment Cases

Facts:

Fernandez et al filed a disbarment case against Atty Grecia for theft of documents pertaining to
the latter's case against the petitioners. A certain Fe Linda Aves was admitted and diagnosed of
having a mild pre-eclampsia on December 20, 1990. Five days later, he was discharged to
celebrate Christmas with her family, unfortunately on December 26, 1990, the said patient died
with her unborn child, prompting the Aves family to brought an action for damages against the
doctors and the hospital. (Fernandez et al.)

During the litigation in the lower court, Atty Grecia, allegedly asked the clerk of court the medical
chart of the aforementioned patient which was at that time in the court's possession, and
thereafter tore two pages identified as pages 72 and 73.

In view of Atty Grecia's unprofessional conduct, the petitioners filed the case for disbarment.

Issue:

The disbarment case is meritorious.

Held:

To quote the Supreme Court's decision, they say that "by descending to the level of a common
thief, respondent Grecia has demeaned and disgraced the legal profession. He has
demonstrated his moral unfitness to continue as a member of the honorable fraternity of
lawyers. He has forfeited his membership in the BAR."

Atty Grecia was then ordered disbarred, his license to practice law in the Philippines cancelled
and his name was ordered to be stricken out of the Roll of Attorneys.

The Supreme Court cited Rule 1.01 and Canon 7 in the Rules of Professional Responsibility
being violated by Atty Grecia, notwithstanding that he was once disbarred to practice law on
November 12, 1987 for his 'unholy alliance' with a judge in Quezon city to rip off banks and
Chinese business firms. And that 8 months after the Supreme Court heeding his pleas for
compassion and promise to mend his ways, it was just eight months after that he is faced with
yet another disbarment case.