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THIRD DIVISION

[A.M. SDC-97-2-P. February 24, 1997]

SOPHIA ALAWI, complainant, vs. ASHARY M. ALA YA, C!er" #$ C#ur% &I, S'ar()a D(*%r(+% C#ur%, Mara,( C(%y, respondent. D-CISIO. .AR&ASA, C.J./ Sophia Alawi was (and presumably still is) a sales representati e (or !oordinator) o" #$ %$ Villarosa & 'artners (o$) *td$ o" Da ao (ity) a real estate and housin+ !ompany$ Ashari ,$ Alauya is the in!umbent e-e!uti e !ler. o" !ourt o" the /th 0udi!ial Shari1a Distri!t in ,arawi (ity$ They were !lassmates) and used to be "riends$ It appears that throu+h Alawi1s a+en!y) a !ontra!t was e-e!uted "or the pur!hase on installments by Alauya o" one o" the housin+ units belon+in+ to the abo e mentioned "irm (herea"ter) simply Villarosa & (o$)2 and in !onne!tion therewith) a housin+ loan was also +ranted to Alauya by the National Home ,ort+a+e 3inan!e (orporation (NH,3()$ Not lon+ a"terwards) or more pre!isely on De!ember 14) 1554) Alauya addressed a letter to the 'resident o" Villarosa & (o$ ad isin+ o" the termination o" his !ontra!t with the !ompany$ He wrote6 7 88 I am "ormally and o""i!ially withdrawin+ "rom and noti"yin+ you o" my intent to terminate the (ontra!t9A+reement entered into between me and your !ompany) as represented by your Sales A+ent9(oordinator) SO'HIA A*A:I) o" your !ompany1s bran!h o""i!e here in (a+ayan de Oro (ity) on the +rounds that my !onsent was itiated by +ross misrepresentation) de!eit) "raud) dishonesty and abuse o" !on"iden!e by the a"oresaid sales a+ent whi!h made said !ontra!t oid ab initio$ Said sales a+ent a!tin+ in bad "aith perpetrated su!h ille+al and unauthori;ed a!ts whi!h made said !ontra!t an Onerous (ontra!t pre<udi!ial to my ri+hts and interests$7 He then pro!eeded to e-pound in !onsiderable detail and =uite a!erbi! lan+ua+e on the 7+rounds whi!h !ould e iden!e the bad "aith) de!eit) "raud) misrepresentation) dishonesty and abuse o" !on"iden!e by the uns!rupulous sales a+ent 88 27 and !losed with the plea that Villarosa & (o$ 7a+ree "or the mutual res!ission o" our !ontra!t) e en as I in"orm you that I !ate+ori!ally state on re!ord that I am terminatin+ the !ontra!t 88$ I hope I do not ha e to resort to any le+al a!tion be"ore said onerous and manipulated !ontra!t a+ainst my interest be annulled$ I was a!tually "ooled by your sales a+ent) hen!e the need to annul the !ontro ersial !ontra!t$7 Alauya sent a !opy o" the letter to the Vi!e>'resident o" Villarosa & (o$ at San 'edro) ?usa) (a+ayan de Oro (ity$ The en elope !ontainin+ it) and whi!h a!tually went throu+h the post) bore no stamps$ Instead at the ri+ht hand !orner abo e the des!ription o" the addressee) the words) 73ree 'osta+e @ 'D AB)7 had been typed$ On the same date) De!ember 14) 1554) Alauya also wrote to ,r$ 3ermin T$ Ar;a+a) Vi!e>'resident) (redit & (olle!tion ?roup o" the National Home ,ort+a+e 3inan!e (orporation (NH,3() at Sal!edo Villa+e) ,a.ati (ity) repudiatin+ as "raudulent and oid his !ontra!t with Villarosa & (o$2 and as.in+ "or !an!ellation o" his housin+ loan in !onne!tion therewith) whi!h was payable "rom salary dedu!tions at the rate o" '/)CCD$EE a month$ Amon+ other thin+s) he said6 7 88 (T)hrou+h this written noti!e) I am terminatin+) as I hereby annul) !an!el) res!ind and oided) the 1manipulated !ontra!t1 entered into between me and the #$%$ Villarosa & 'artner (o$) *td$) as represented by its sales a+ent9!oordinator) SO'HIA A*A:I) who mali!iously and "raudulently manipulated said !ontra!t and unlaw"ully se!ured and pursued the housin+ loan without my authority

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and a+ainst my will$ Thus) the !ontra!t itsel" is deemed to be oid ab initio in iew o" the attendin+ !ir!umstan!es) that my !onsent was itiated by misrepresentation) "raud) de!eit) dishonesty) and abuse o" !on"iden!e2 and that there was no meetin+ o" the minds between me and the swindlin+ sales a+ent who !on!ealed the real "a!ts "rom me$7 And) as in his letter to Villarosa & (o$) he narrated in some detail what he too. to be the anomalous a!tuations o" Sophia Alawi$ Alauya wrote three other letters to ,r$ Ar;a+a o" the NH,3() dated 3ebruary A1) 155B) April 14) 155B) and ,ay C) 155B) in all o" whi!h) "or the same reasons already !ited) he insisted on the !an!ellation o" his housin+ loan and dis!ontinuan!e o" dedu!tions "rom his salary on a!!ount thereo"$a He also wrote on 0anuary 1D) 155B to ,s$ (ora;on ,$ OrdoFe;) Head o" the 3is!al ,ana+ement & %ud+et O""i!e) and to the (hie") 3inan!e Di ision) both o" this (ourt) to stop dedu!tions "rom his salary in relation to the loan in =uestion) a+ain assertin+ the anomalous manner by whi!h he was alle+edly duped into enterin+ into the !ontra!ts by 7the s!hemin+ sales a+ent$7 b The upshot was that in ,ay) 155B) the NH,3( wrote to the Supreme (ourt re=uestin+ it to stop dedu!tions on Alauya1s GH*' loan 7e""e!ti e ,ay 155B)7 and be+an ne+otiatin+ with Villarosa & (o$ 7"or the buy>ba!. o" 88 (Alauya1s) mort+a+e) and 88 the re"und o" 88 (his) payments$7! On learnin+ o" Alauya1s letter to Villarosa & (o$ o" De!ember 14) 1554) Sophia Alawi "iled with this (ourt a eri"ied !omplaint dated 0anuary A4) 155B >> to whi!h she appended a !opy o" the letter) and o" the abo e mentioned en elope bearin+ the typewritten words) 73ree 'osta+e @ 'D AB$7H1I In that !omplaint) she a!!used Alauya o"6 1$ 7Imputation o" mali!ious and libelous !har+es with no solid +rounds throu+h mani"est i+noran!e and e ident bad "aith27 A$ C$ 7(ausin+ undue in<ury to) and blemishin+ her honor and established reputation27 7Gnauthori;ed en<oyment o" the pri ile+e o" "ree posta+e 8827 and

/$ Gsurpation o" the title o" 7attorney)7 whi!h only re+ular members o" the 'hilippine %ar may properly use$ She deplored Alauya1s re"eren!es to her as 7uns!rupulous) swindler) "or+er) manipulator) et!$7 without 7e en a bit o" e iden!e to !loth (si!) his alle+ations with the essen!e o" truth)7 denoun!in+ his imputations as irresponsible) 7all !on!o!tions) lies) baseless and !oupled with mani"est i+noran!e and e ident bad "aith)7 and assertin+ that all her dealin+s with Alauya had been re+ular and !ompletely transparent$ She !losed with the plea that Alauya 7be dismissed "rom the ser i!e) or be appropriately dis!iplined (si!) 88 7 The (ourt resol ed to order Alauya to !omment on the !omplaint$ (on"ormably with established usa+e that noti!es o" resolutions emanate "rom the !orrespondin+ O""i!e o" the (ler. o" (ourt) the noti!e o" resolution in this !ase was si+ned by Atty$ Al"redo '$ ,arasi+an) Assistant Di ision (ler. o" (ourt$HAI Alauya "irst submitted a 7'reliminary (omment7 HCI in whi!h he =uestioned the authority o" Atty$ ,arasi+an to re=uire an e-planation o" him) this power pertainin+) a!!ordin+ to him) not to 7a mere Asst$ Di $ (ler. o" (ourt in esti+atin+ an #-e!uti e (ler. o" (ourt$7 but only to the Distri!t 0ud+e) the (ourt Administrator or the (hie" 0usti!e) and oi!ed the suspi!ion that the Resolution was the result o" a 7stron+ lin.7 between ,s$ Alawi and Atty$ ,arasi+an1s o""i!e$ He also a erred that the !omplaint had no "a!tual basis2 Alawi was en ious o" him "or bein+ not only 7the #-e!uti e (ler. o" !ourt and e->o""i!io 'ro in!ial Sheri"" and Distri!t Re+istrar)7 but also 7a s!ion o" a Royal 3amily 88$7 H/I In a subse=uent letter to Atty$ ,arasi+an) but this time in mu!h less a++ressi e) e en obse=uious tones)H4I Alauya re=uested the "ormer to +i e him a !opy o" the !omplaint in order that he mi+ht !omment thereon$HBI He stated that his a!ts as !ler. o" !ourt were done in +ood "aith and within the !on"ines o" the law2 and that Sophia Alawi as sales a+ent o" Villarosa & (o$ had) by "alsi"yin+ his

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si+nature) "raudulently bound him to a housin+ loan !ontra!t entailin+ monthly dedu!tions o" '/)CCC$1E "rom his salary$ And in his !omment therea"ter submitted under date o" 0une 4) 155B) Alauya !ontended that it was he who had su""ered 7undue in<ury) mental an+uish) sleepless ni+hts) wounded "eelin+s and untold "inan!ial su""erin+)7 !onsiderin+ that in si- months) a total o" 'AB)EAD$BE had been dedu!ted "rom his salary$HJI He de!lared that there was no basis "or the !omplaint2 in !ommuni!atin+ with Villarosa & (o$ he had merely a!ted in de"ense o" his ri+hts$ He denied any abuse o" the "ran.in+ pri ile+e) sayin+ that he +a e 'AE$EE plus transportation "are to a subordinate whom he entrusted with the mailin+ o" !ertain letters2 that the words6 73ree 'osta+e @ 'D AB)7 were typewritten on the en elope by some other person) an a erment !orroborated by the a""ida it o" Absamen ($ Domo!ao) (ler. IV (subs!ribed and sworn to be"ore respondent himsel") and atta!hed to the !omment as Anne- 0)2 HDI and as "ar as he .new) his subordinate mailed the letters with the use o" the money he had +i en "or posta+e) and i" those letters were indeed mi-ed with the o""i!ial mail o" the !ourt) this had o!!urred inad ertently and be!ause o" an honest mista.e$H5I Alauya <usti"ied his use o" the title) 7attorney)7 by the assertion that it is 7le-i!ally synonymous7 with 7(ounsellors>at>law)7 a title to whi!h Shari1a lawyers ha e a ri+ht"ul !laim) addin+ that he pre"ers the title o" 7attorney7 be!ause 7!ounsellor7 is o"ten mista.en "or 7!oun!ilor)7 7.onsehal or the ,aranao term 7!onsial)7 !onnotin+ a lo!al le+islator beholden to the mayor$ :ithal) he does not !onsider himsel" a lawyer$ He pleads "or the (ourt1s !ompassion) alle+in+ that what he did 7is e-pe!ted o" any man unduly pre<udi!ed and in<ured$7H1EI He !laims he was manipulated into reposin+ his trust in Alawi) a !lassmate and "riend$H11I He was indu!ed to si+n a blan. !ontra!t on Alawi1s assuran!e that she would show the !ompleted do!ument to him later "or !orre!tion) but she had sin!e a oided him2 despite 7numerous letters and "ollow>ups7 he still does not .now where the property >> sub<e!t o" his supposed a+reement with Alawi1s prin!ipal) Villarosa & (o$ >> is situated2 H1AI He says Alawi somehow +ot his ?SIS poli!y "rom his wi"e) and althou+h she promised to return it the ne-t day) she did not do so until a"ter se eral months$ He also !laims that in !onne!tion with his !ontra!t with Villarosa & (o$) Alawi "or+ed his si+nature on su!h pertinent do!uments as those re+ardin+ the down payment) !learan!e) lay>out) re!eipt o" the .ey o" the house) salary dedu!tion) none o" whi!h he e er saw$ H1CI A errin+ in "ine that his a!ts in =uestion were done without mali!e) Alauya prays "or the dismissal o" the !omplaint "or la!. o" merit) it !onsistin+ o" 7"alla!ious) mali!ious and baseless alle+ations)7 and !omplainant Alawi ha in+ !ome to the (ourt with un!lean hands) her !ompli!ity in the "raudulent housin+ loan bein+ apparent and demonstrable$ It may be mentioned that in !ontrast to his two (A) letters to Assistant (ler. o" (ourt ,arasi+an (dated April 15) 155B and April AA) 155B)) and his two (A) earlier letters both dated De!ember 14) 155B >> all o" whi!h he si+ned as 7Atty$ Ashary ,$ Alauya7 >> in his (omment o" 0une 4) 155B) he does not use the title but re"ers to himsel" as 7DATG ASHARK ,$ A*AGKA$7 The (ourt re"erred the !ase to the O""i!e o" the (ourt Administrator "or e aluation) report and re!ommendation$H1/I The "irst a!!usation a+ainst Alauya is that in his a"oresaid letters) he made 7mali!ious and libelous !har+es (a+ainst Alawi) with no solid +rounds throu+h mani"est i+noran!e and e ident bad "aith)7 resultin+ in 7undue in<ury to (her) and blemishin+ her honor and established reputation$7 In those letters) Alauya had written inter alia that6 1) Alawi obtained his !onsent to the !ontra!ts in =uestion 7by +ross misrepresentation) de!eit) "raud) dishonesty and abuse o" !on"iden!e27 A) Alawi a!ted in bad "aith and perpetrated 88 ille+al and unauthori;ed a!ts 88 88 pre<udi!ial to 88 (his) ri+hts and interests27 C) Alawi was an 7uns!rupulous (and 7swindlin+7) sales a+ent7 who had "ooled him by 7de!eit) "raud) misrepresentation) dishonesty and abuse o" !on"iden!e27 and

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/) Alawi had mali!iously and "raudulently manipulated the !ontra!t with Villarosa & (o$) and unlaw"ully se!ured and pursued the housin+ loan without 88 (his) authority and a+ainst 88 (his) will)7 and 7!on!ealed the real "a!ts 88$7 Alauya1s de"ense essentially is that in ma.in+ these statements) he was merely a!tin+ in de"ense o" his ri+hts) and doin+ only what 7is e-pe!ted o" any man unduly pre<udi!ed and in<ured)7 who had su""ered 7mental an+uish) sleepless ni+hts) wounded "eelin+s and untold "inan!ial su""erin+)7 !onsiderin+ that in si- months) a total o" 'AB)EAD$BE had been dedu!ted "rom his salary$H14I The (ode o" (ondu!t and #thi!al Standards "or 'ubli! O""i!ials and #mployees (RA BJ1C) inter alia enun!iates the State poli!y o" promotin+ a hi+h standard o" ethi!s and utmost responsibility in the publi! ser i!e$ H1BI Se!tion / o" the (ode !ommands that 7(p)ubli! o""i!ials and employees 88 at all times respe!t the ri+hts o" others) and 88 re"rain "rom doin+ a!ts !ontrary to law) +ood morals) +ood !ustoms) publi! poli!y) publi! order) publi! sa"ety and publi! interest$7 H1JI ,ore than on!e has this (ourt emphasi;ed that 7the !ondu!t and beha ior o" e ery o""i!ial and employee o" an a+en!y in ol ed in the administration o" <usti!e) "rom the presidin+ <ud+e to the most <unior !ler.) should be !ir!ums!ribed with the hea y burden o" responsibility$ Their !ondu!t must at all times be !hara!teri;ed by) amon+ others) stri!t propriety and de!orum so as to earn and .eep the respe!t o" the publi! "or the <udi!iary$7H1DI Now) it does not appear to the (ourt !onsistent with +ood morals) +ood !ustoms or publi! poli!y) or respe!t "or the ri+hts o" others) to !ou!h denun!iations o" a!ts belie ed >> howe er sin!erely >> to be de!eit"ul) "raudulent or mali!ious) in e-!essi ely intemperate$ insultin+ or irulent lan+ua+e$ Alauya is e idently !on in!ed that he has a ri+ht o" a!tion a+ainst Sophia Alawi$ The law re=uires that he e-er!ise that ri+ht with propriety) without mali!e or indi!ti eness) or undue harm to anyone2 in a manner !onsistent with +ood morals) +ood !ustoms) publi! poli!y) publi! order) supra2 or otherwise stated) that he 7a!t with <usti!e) +i e e eryone his due) and obser e honesty and +ood "aith$7H15I Ri+hteous indi+nation) or indi!ation o" ri+ht !annot <usti"y resort to ituperati e lan+ua+e) or downri+ht name>!allin+$ As a member o" the Shari1a %ar and an o""i!er o" a (ourt) Alawi is sub<e!t to a standard o" !ondu!t more strin+ent than "or most other +o ernment wor.ers$ As a man o" the law) he may not use lan+ua+e whi!h is abusi e) o""ensi e) s!andalous) mena!in+) or otherwise improper$ HAEI As a <udi!ial employee) it is e-pe!ted that he a!!ord respe!t "or the person and the ri+hts o" others at all times) and that his e ery a!t and word should be !hara!teri;ed by pruden!e) restraint) !ourtesy) di+nity$ His radi!al de iation "rom these salutary norms mi+ht perhaps be miti+ated) but !annot be e-!used) by his stron+ly held !on i!tion that he had been +rie ously wron+ed$ As re+ards Alauya1s use o" the title o" 7Attorney)7 this (ourt has already had o!!asion to de!lare that persons who pass the Shari1a %ar are not "ull>"led+ed members o" the 'hilippine %ar) hen!e may only pra!ti!e law be"ore Shari1a !ourts$ HA1I :hile one who has been admitted to the Shari1a %ar) and one who has been admitted to the 'hilippine %ar) may both be !onsidered 7!ounsellors)7 in the sense that they +i e !ounsel or ad i!e in a pro"essional !apa!ity) only the latter is an 7attorney$7 The title o" 7attorney7 is reser ed to those who) ha in+ obtained the ne!essary de+ree in the study o" law and su!!ess"ully ta.en the %ar #-aminations) ha e been admitted to the Inte+rated %ar o" the 'hilippines and remain members thereo" in +ood standin+2 and it is they only who are authori;ed to pra!ti!e law in this <urisdi!tion$ Alauya says he does not wish to use the title) 7!ounsellor7 or 7!ounsellor>at>law)7 be!ause in his re+ion) there are pe<orati e !onnotations to the term) or it is !on"usin+ly similar to that +i en to lo!al le+islators$ The ratio!ination) alid or not) is o" no moment$ His disin!lination to use the title o" 7!ounsellor7 does not warrant his use o" the title o" attorney$ 3inally) respe!tin+ Alauya1s alle+ed unauthori;ed use o" the "ran.in+ pri ile+e) the re!ord !ontains no e iden!e ade=uately establishin+ the a!!usation$ WH-R-FOR-) respondent Ashari ,$ Alauya is hereby R#'RI,AND#D "or the use o" e-!essi ely intemperate) insultin+ or irulent lan+ua+e) i$e$) lan+ua+e unbe!omin+ a <udi!ial o""i!er) and "or usurpin+ the title o" attorney2 and he is warned that any similar or other impropriety or mis!ondu!t in the "uture will be dealt with more se erely$ SO ORD-R-D. Davide, Jr., Melo, Francisco, and Panganiban, JJ., !on!ur$

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1Anne-es %) %) %>1) %>C o" Alauya1s (omment dated 0une 4) 155B Anne-es 3 and ?) id. Anne- (>A) id. Anne-es A and A>1 o" !omplaint2 Rollo at p$ 1/2 !opies o" the letter were also "urnished the National Home ,ort+a+e 3inan!e (orporation$ The 3inan!e ,ana+ement and %ud+et O""i!e and the 3inan!ial Di ision o" the Supreme (ourt$ Resolution dated ,ar!h A4) 155B Dated April 15) 155B$ Rollo at p$ AC$ # idently) he had sin!e be!ome aware o" the immemorial pra!ti!e that NOTI(#S (or !ommuni!ations in"ormin+) o" Resolutions adopted by the (ourt En Banc or any o" its three (C) Di isions are sent to the parties by and o er the si+nature o" the !orrespondin+ (ler. or (ourt or his Assistant) the (ourt1s Resolutions bein+ in!orporated erbatim in said noti!es$ Dated April AA) 155B Rollo at p$ AD$ Id$ at p$ BE$ Id$ at p$ CA$ Id$ at p$ C/$ Id$ at p$ C4) et se=$ Id$ at p$ C4$ Id$ See Resolution o" the (ourt en ban! dated Au+ust A1) 155B2 Rollo at p$ B1 et seq$ S## "ootnote No$ J) supra$ 'oli!arpio v. 3ortus) A/D S(RA AJA) AJ4 RA$ No$ BJ1C) Se!tion 11 o" the same law punishes any iolation o" the A!t with (1) a "ine not e-!eedin+ the e=ui alent o" si- (B) months1 salary) or (A) suspension not e-!eedin+ one (1) year) or (C) remo al) dependin+ on the +ra ity o" the o""ense) a"ter due noti!e and hearin+ by the appropriate body or a+en!y) and e en i" no !riminal prose!ution is instituted a+ainst him$ Apa+a v$ 'on!e$ A/4 S(RA ACC) A/E) !itin+ (alle<o$ 0r$ v$ ?ar!ia) etc$) AEB S(RA /512 An+eles v$ %antu+) et al., AE5 S(RA /1C2 I!asiano) 0r$ v$ Sandi+anbayan) et al$) A1E5 S(RA CJJ2 ,edilo) et al. v.Asodisen) etc$) ACC S(RA BD2 S## also 'oli!arpio v$ 3ortus) A/D S(RA AJA) AJ4 ART$ 15) (i il (ode Rules D$E1 and 11$EC o" the (ode o" 'ro"essional Responsibility) whi!h should apply by analo+y to ,embers o" the Shari1a %ar$ The (ode also pros!ribes beha ior in a s!andalous manner to the dis!redit o" the le+al pro"ession (Rule J$EC)$ Resolution o" the Court En Banc dated Au+ust 4) 155C in %ar ,atter No$ BD1) entitled 7'etition to allow Shari1a lawyers to e-er!ise their pro"ession at the re+ular !ourts27 S## Rule 1CD (se!s$ 1) /)) Rules o" (ourt

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