ALAWI V ALAUYA

YES

ISSUE
WON

1) Alauya practiced behavior unbecoming of a police

good customs or public policy, or respect for the rights of

officer

others, to couch denunciations of acts believed however

2) Alauya can use attorney otgt that he is not a lawyer

sincerely to be deceitful, fraudulent or malicious, in

FACTS
1)

Sophia Alawi was a sales representative of E.B. Villarosa &

Partners Co., Ltd. of Davao City, a real estate and housing

right,with propriety, without malice or vindictiveness, or

of court of the 4th Judicial Sharia District in Marawi City,

undue harm to anyone; in a manner consistent with good

They were classmates, and used to be friends.

Through Alawis agency, a contract was executed for the

morals, good customs, public policy, public order, supra; or

otherwise stated, that he "act with justice, give everyone his

purchase on installments by Alauya of one of the housing

units of Villarosa. In connection, a housing loan was also

granted to Alauya by the National Home Mortgage Finance

3)

President of Villarosa & Co. advising of the termination of

because

Alawi

had

resorted

to

gross

misrepresentation, deceit, fraud, dishonesty and abuse of

4)

fraud, dishonesty and abuse of confidence by the aforesaid

his every act and word should be characterized by prudence,

restraint, courtesy, dignity.

NO
-

the Shari'a Bar are not full-fledged members of the

sales agent acting in bad faith perpetrated such illegal and

Philippine Bar, hence may only practice law before Shari'a

unauthorized acts which made said contract an Onerous

5)

6)

courts.
While one who has been admitted to the Shari'a Bar, and one
who has been admitted to the Philippine Bar, may both be

complaint against him. Her grounds were:

1. "Imputation of malicious and libelous charges with no
solid grounds through manifest ignorance and
evident bad faith;"
2. "Causing undue injury to, and blemishing her honor and

As regards Alauya's use of the title of "Attorney," this Court

has already had occasion to declare that persons who pass

sales agent which made said contract void ab initio. Said

Contract prejudicial to my rights and interests.

On learning of Alauyas letters, Alawi filed an administrative

improper.
As a judicial employee, it is expected that he accord respect
for the person and the rights of others at all times, and that

confidence. He also wrote similar letters to the Vice

President of Villarosa and the Vice President of NHMFC.
Moreover, he stated that,
my consent was vitiated by gross misrepresentation, deceit,

for most other government workers.

As a man of the law, he may not use language which is
abusive, offensive, scandalous, menacing, or otherwise

his contract with the company. He claimed that his consent

vitiated

due, and observe honesty and goodfaith."

As a member of the Shari'a Bar and an officer of a Court,
Alawi is subject to a standard of conduct more stringent than

Corporation (NHMFC).
Not long afterwards, Alauya addressed a letter to the

was

excessively intemperate, insulting or virulent language.

Alauya is evidently convinced that he has a right of action
against Sophia Alawi. The law requires that he exercise that

company. Ashari M. Alauya is the incumbent executive clerk

2)

It does not appear to the Court consistent with good morals,

considered "counsellors," in the sense that they give counsel

or advice in a professional capacity, only the latter is an
-

"attorney."
The title of "attorney" is reserved to those who, having

established reputation;"
3. "Unauthorized enjoyment of the privilege of free

obtained the necessary degree in the study of law and

postage . . .;" and

4. Usurpation of the title of "attorney," which only regular

to the Integrated Bar of the Philippines and remain members

members of the Philippine Bar may properly

use.
Alauya justified his use of the title, attorney, by the
assertion

that

it

is

lexically

synonymous

successfully taken the Bar Examinations, have been admitted

thereof in good standing; and it is they only who are
-

"counsellor-at-law, " because in his region, there are

with

pejorative connotations to the term, or it is confusingly

Counsellors-at-law, a title to which Sharia lawyers have a

similar to that given to local legislators. The ratiocination,

rightful claim, adding that he prefers the title of attorney

valid or not, is of no moment. His disinclination to use the

because counsellor is often mistaken for councilor,

title of "counsellor" does not warrant his use of the title of

konsehal or the Maranao term consial, connoting a local

legislator beholden to the mayor. Withal, he does not
consider himself a lawyer.

authorized to practice law in this jurisdiction.

Alauya says he does not wish to use the title, "counsellor" or

attorney.
Finally, respecting Alauya's alleged unauthorized use of the
franking

privilege,

the record

contains no

adequately establishing the accusation.

DECISION
NOTES

evidence