Title
Ferdez vs. Grecia
Case
A.M. No. 3694
Decision Date
Jun 17, 1993
Attorney Benjamin M. Grecia disbarred for stealing medical chart pages, violating ethics, and demonstrating moral unfitness, following prior disbarment and reinstatement.

Case Summary (G.R. No. 186571)

Nature of the Complaint

The complaint against Attorney Grecia centers on charges of dishonesty and grave misconduct following his alleged theft of two pages from a medical chart while representing his clients in a damage suit against the doctors and St. Luke's Medical Center. The court's focus in disciplinary actions is to determine whether the attorney remains fit to practice law, protecting public interest and maintaining the integrity of the legal profession.

Background of Respondent's History

Respondent Grecia had a prior record with the court, having been disbarred in 1987 for participating in unethical activities involving corruption with a judge. Although he was reinstated in 1990 after pledging to amend his conduct, he faced new allegations less than a year later. This history raised significant concerns about his moral character and fitness to practice law.

Details of the Medical Malpractice Case

The case arose from the tragic death of Fe Linda Aves, who died shortly after being admitted to St. Luke's for pregnancy-related complications. Following her death, her husband, Attorney Damaso Aves, sought damages against the hospital and the attending physicians, with Grecia representing him. This court case became pivotal in the subsequent disbarment proceedings.

The Incident of Theft

On July 16, 1991, during a court session, Grecia was observed tearing out pages from the medical records of his client, an act witnessed by court personnel who promptly reported the incident to Judge Teresita Dizon-Capulong. Following the act, Grecia allegedly passed the stolen pages to an unidentified man, which initiated a series of investigations to ascertain the identity of this individual.

Legal Investigations and Testimonies

The court conducted an investigation led by Deputy Court Administrator Juanito A. Bernad, where various personnel, including Acting Branch Clerk Avelina Robles and court clerk Maria Arnie Sandico, testified against Grecia. Their reports were found credible, noting disbelief in the respondent's attempts to fabricate a defense, as they clearly observed his act of theft.

Evaluation of Evidence and Witness Credibility

Judge Bernad's findings favored the testimonies of court personnel over that of Attorney Grecia, concluding no substantial evidence supported Grecia's claims of innocence. The judge emphasized the credibility of the witnesses who faced pressure and yet remained consistent in their accounts. In contrast, Grecia was found to show inconsistencies in his recollection and failed to provide a convincing narrative regarding the allegations against him.

Conclusion and Court's Ruling

Ultimately, the cou

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