ALAWI V ALUYA

F: The Alawi is a sales rep of E.B. Villarosa & Partners Co., a real estate and housing company and Alauya
is an executive clerk of the court of the 4th judicial Shari'a District in Marawi City; They used to be
friends. - The complainant executed a contract for the purchase on installments by Alauya of one of the
housing units of the above-mentioned firm that in connection therewith, a housing loan was also
granted to Alauya by the National Home Mortgage Finance Corporation(NHMFC) - One day, Alauya
addressed the President of the firm to terminate his contract with the company and a letter to the
NHMFC; To repudiate as fraudulent and void his contract with Villarosa & Co.; and asking for the
cancellation of his housing loan in connection therewith, which was payable from salary deductions at
the rate of P4,338.00 a month and as in his letter to Villarosa & Co., he narrated in some detail what he
took to be the anomalous actuations of Sophia Alawi. The accusations of Alauya to Alawi in those letters
are as follows: Alawi obtained his consent to the contracts in question "by gross misrepresentation,
deceit, fraud, dishonesty and abuse of confidence;" ○ Alawi acted in bad faith and perpetrated .. . illegal
and unauthorized acts . . . prejudicial to . . (his) rights and interests;" ○ Alawi was an "unscrupulous (and
"swindling") sales agent" who had fooled him by "deceit, fraud, misrepresentation, dishonesty and
abuse of confidence;" and ○ Alawi had maliciously and fraudulently manipulated the contract with
Villarosa & Co., and unlawfully secured and pursued the housing loan without . . (his) authority and
against . . (his) will," and "concealed the real facts . . ." ○ - After the numerous letter of Alauya to the
firm and NHMFC. Alawi filed a complaint to the Court about the actions of Alauya on the grounds of:
"Imputation of malicious and libelous charges with no solid grounds through manifest ignorance and
evident bad faith;" ○ ○ "Causing undue injury to, and blemishing her honor and established reputa on;"
○ "Unauthorized enjoyment of the privilege of free postage . . .;" and Usurpa on of the tle of
"attorney," which only regular members of the Philippine Bar may properly use. ○ - I: Whether or not
the actions of Alauya were appropriate. R: No, It was not appropriate. Under Code of Conduct and
Ethical Standards for Public Officials and Employees (RA 6713) enunciates the State policy of promoting
a high standard of ethics and utmost responsibility in the public service and Section 4 of the Code
commands that "public officials and employees . . at all times respect the rights of others, and . . refrain
from doing acts contrary to law, good morals, good customs, public policy, public order, public safety,
and public interest. Furthermore, the Court states that "The use of the title of "Attorney," has already
had occasion to declare that persons who pass the Shari'a Bar are not full-fledged members of the
Philippine Bar, hence may only practice before Shari'a courts. Therefore, the use of Attorney may only
apply to a person who is a full  fledged member of the Philippine bar. Here, the words of Alauya are
deceitful, fraudulent, or malicious, in excessively intemperate, insulting, or virulent language that is
inappropriate for a judicial officer and Alauya used the title of "Attorney" even though he is not a full-
fledged member of the Philippine Bar. Hence, Alauya is REPRIMANDED for use of excessively
intemperate, insulting, or virulent language, i.e., language unbecoming a judicial officer, and for
usurping the title of attorney