FACTS:

Fernandez sought the disbarment of Atty. Grecia for dishonesty and grave misconduct in connection with
the theft of some pages from a medical chart which was material evidence in a damage suit.

Actually, Atty. Grecia was previously disbarred for his immoral complicity or "unholy alliance" with a judge
in Quezon City. However, three years later, the Court, heeding his pleas for compassions and his
promise to mend his ways, reinstated him in the profession. But here comes the present case, eight
months later.

Linda Aves was 7 months pregnant when she was admitted to St. Lukes Hospital. Among the doctors who
treated her was Dr. 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 filed 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 office 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 office 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. Judge
Capulong confronted the man and ordered him to give her the papers which Grecia had passed on to him.
The man at first denied that he had the papers in his possession but subsequently turned them over. Judge
Capulong then directed the Valenzuela Police to find out who the man was. The man was known to be the
driver of Atty. Grecia. However, Atty. Grecia denied such.

Because of due stress to her and her court officials, Judge Capulong inhibited from the case. Judge Bernad
took over.

St. Luke's failed this disbarment case against Grecia. At the investigation of the case by Judge Bernad,
Damaso Aves, and testified that it was Attorney Bu Castro, counsel of the defendants who lifted two pages
from the medical folder and planted such evidence to frame up Atty. Grecia. Atty. Grecia corroborated such
and even added that he has no driver and the police investigator fabricated such information. However,
Judge Bernad found the court employee, Maria Arnie Sandico, and Acting branch Clerk of Court Avelina
Robles entirely credible and "without any noticeable guile nor attempt at fabrication. The missing pages
showed that after Mrs. Aves was readmitted to the hospital, the doctors were able to stabilize her blood
pressure with a normal reading of 120/80.

ISSUE: W/N Atty. Grecia was guilty of dishonesty and grave misconduct - YES

The Supreme Court held that on the basis of the evidence presented before Judge Bernad, the Court is
convinced that the charge against Attorney Benjamin M. Grecia is true. By stealing two pages from Linda
Aves' medical chart and passing them on to his driver, he violated Rule 1.01, canon 1 of the Rules of
Professional Responsibility as well as 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.

A lawyer is an officer 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 unfitness to continue as a member of the honorable fraternity
of lawyers. He has forfeited his membership in the BAR.

GUILTY of grave misconduct, dishonesty and gross unethical behavior. DISBARRED.