A.C. No.

3694 June 17, 1993

ALBERTO FERNANDEZ, ISABELO ONGTENGCO, ACHILLES BARTOLOME, AND ST.

LUKES MEDICAL CENTER, complainants.

Vs.
ATTORNEY BENJAMIN M. GRECIA, respondent

FACTS of the CASE:

• Atty. Damaso B. Aves brought an action for damages against

St Luke's Medical Center and St Luke's Doctors Alberto Fernandez,
Isabelo Ongtengco and Achilles Bartolome for the death of his 7-
month pregnant wife, Fe Linda Aves.

• On 04 July 1991, St Luke's produced in court the medical

records of the late Mrs Aves as requested by Atty. Benjamin Grecia,
the counsel of Atty. Aves.

• On 20 August 1991, and the St Luke's Medical Center filed a

disbarment complaint against Atty. Grecia.

• Respondent Atty. Grecia is charged with dishonesty and

grave misconduct in connection with the theft of some pages from a
medical chart which is material evidence in the damage suit against
the complainants.

• Respondent denied the complaints against him; he alleged

that such accusations against him were ways by his opponents to
discredit him and destroy his reputation. .
• The respondent was already disbarred on 12 November 1987. On
18 December 1990 or after more than three years, however, the court
reinstated him in the profession.

• The lower court disregarded Atty Aves' allegation that it

was Atty. Castro, St. Luke's counsel, who stole the medical records
and gave them to an unidentified man.

• The Court ruled that the Atty Grecia was guilty of stealing
2 pages from the medical record of the late Mrs. Aves and gave them
to his driver.

ISSUE(S): WON Atty. Benjamin Grecia's name should be removed from

the Roll of Attorneys after the Court found out that he stole 2
pages from the medical records of the late Mrs. Aves and gave them
to his driver.

HELD: Yes
RATIONALE: Based on the evidence gathered from the lower court, the
Supreme Court decided that Atty. Grecia was guilty of the charges
against him. The SC ruled that Atty. Grecia violated Rule 1.01,
canon 1 of the Rules of Professional Responsibility and canon 7
thereof which provide that:

Canon 1, Rule 1.01 – A lawyer shall not engage in unlawful,

dishonest, immoral and deceitful conduct.

Canon 7. – A lawyer shall at all times uphold the integrity and

dignity of the legal profession and support the activities of
the Integrated Bar.

The SC further stated…

… that a lawyer is an officer of the courts; he is like the court

itself, an instrument or agency to advance the ends of justice (
People ex rel Karlin vs. Culkin).

…the importance of integrity and good moral character as a part of a

lawyer's equipment in the practice of his profession ( Marcelo vs
Javier, Sr., A.C. no.3248, September 18, 1992, pp. 13-14; Melendrez
vs. Decena, 176 SCRA 662,676; Philippine association of Free Labor
Unions (PAFLU) vs. Binalbagan Isabela Sugar Company, 42 SCRA 302,
305.)

The SC found the respondent guilty of grave misconduct,

dishonesty, and grossly unethical behavior as a lawyer. Thus, it was
imposed upon him the penalty of DISBARMENT.