A.M. No. 3694 - Ferdez vs. Grecia

The complaint was filed on August 20, 1991, by Doctors Alberto Fernandez, Isabelo Ongtengco, Achilles Bartolome, and St. Luke’s Medical Center.
The respondent is Attorney Benjamin M. Grecia, previously disbarred in 1987 for similar misconduct but reinstated in December 1990 after pleading for compassion and promising to reform his ways.

The disbarment complaint centers on the theft of two pages (pages 72 and 73) from the medical chart of Fe Linda Aves.
The chart was material evidence in a damage suit brought by Attorney Damaso B. Aves on behalf of his late wife, who was a patient at St. Luke’s.
The case occurred during a civil action (Civil Case No. 3548-V) against the doctors and St. Luke’s Medical Center concerning the demise of Fe Linda Aves and her unborn child.

On December 20, 1990, Fe Linda Aves, who was seven months pregnant, was admitted at St. Luke’s with symptoms such as dizziness, hypertension, abdominal pain, and vaginal bleeding.
The attending physicians, including Dr. Fernandez, Dr. Ongtengco, and Dr. Bartolome, diagnosed her with mild pre-eclampsia.
She was discharged on December 25, 1990, only to be readmitted the following day (December 26, 1990) and subsequently died on December 27, 1990, along with her unborn child.

On July 16, 1991, at the Regional Trial Court during another hearing of Civil Case No. 3548-V, Attorney Grecia borrowed the folder containing Linda Aves’ medical records from Acting Branch Clerk Avelina Robles.
While reviewing the folder, he surreptitiously tore off pages 72 and 73, an act witnessed by Ms. Robles and Clerk Maria Arnet Sandico.
Grecia was observed crumpling the torn pages and discreetly placing them into the right pocket of his coat before returning the folder.

The missing pages were noticed by Mrs. Robles, prompting an immediate search and confrontation led by Judge Teresita Dizon-Capulong.
The torn pages were recovered from an unidentified man in the parking area, allegedly linked to Attorney Grecia as his driver known only as “SID.”
The court personnel, including Judge Capulong, Mrs. Robles, and Ms. Sandico, conducted the inquiry to trace the individual responsible, aided by a police investigation.

Witnesses such as Ms. Sandico and Mrs. Robles testified consistently about seeing Grecia remove the pages and handing them over to an unidentified man.
A police investigator, PO3 Arnold Alabastro, confirmed information regarding the existence of a driver known as “SID” through inquiries from neighbors and a housemaid at Grecia’s residence.
Respondent Grecia denied involvement and claimed that the pages had been “planted” by adversaries to discredit him, also asserting that he did not have a driver and that his car was inoperative on the day in question.

Grecia’s recollection regarding the events and his whereabouts was inconsistent; for instance, he accurately recalled his arrival time (9:15 A.M.) and attire but faltered on other critical details.
He attempted to deflect blame by suggesting that Attorney Bu Castro, counsel for the opposing party, was involved in the theft, an allegation that was not substantiated by witnesses.
The defense’s assertions were undermined by the credible and consistent testimonies of courtroom personnel, leading to doubts about Grecia’s version of events.

Judge Juanito A. Bernad’s investigation found the testimonies of Mrs. Robles and Ms. Sandico to be credible, noting their consistency and candor under cross-examination.
The investigation revealed that Grecia’s moral character and recollection of events were suspect, particularly in light of his prior disciplinary record and the contradictory nature of his testimony.
The evidence gathered led the court to conclude that Attorney Grecia had indeed committed the theft of the medical record pages, thereby compromising the integrity of a judicial proceeding.

Whether Attorney Benjamin M. Grecia’s act of tearing and secretly removing pages from a crucial medical record violated Rule 1.01 and Canon 7 of the Rules of Professional Responsibility.
Whether the theft constitutes dishonesty, grave misconduct, and unethical behavior warranting disbarment.

The conflict between the testimonies of court personnel (Mrs. Robles, Ms. Sandico, and PO3 Alabastro) versus the inconsistent and contradictory statements of the respondent.
The issue of whether the unidentified person (“SID”) truly represented a driver employed by Grecia, and the implications of his unidentified status in establishing guilt.

The relevance of Attorney Grecia’s previous disbarment in 1987 and subsequent reinstatement in evaluating his suitability to continue in the legal profession.
Whether his history of unethical conduct contributes to the overall determination of his fitness to practice law.

Whether the unauthorized removal of pages from a medical record intended as evidence undermines the integrity of court proceedings.
The broader implications for public trust in the legal system when an officer of the court engages in such conduct.