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    Alawi v. Alauya (Digest)

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    Tini Guanio
    The document discusses a case involving a person passing the Shari'a Bar using the title of 'attorney'. The court held that only those who pass the Philippine Bar can use that title, as Shari'a Bar passers are not fully licensed attorneys and can only practice before Shari'a courts. As a result, the respondent was reprimanded for using the title despite not passing the Philippine Bar.

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    Alawi v. Alauya (Digest)

    Uploaded by

    Tini Guanio
    10K views2 pages
    The document discusses a case involving a person passing the Shari'a Bar using the title of 'attorney'. The court held that only those who pass the Philippine Bar can use that title, as Shari'a Bar passers are not fully licensed attorneys and can only practice before Shari'a courts. As a result, the respondent was reprimanded for using the title despite not passing the Philippine Bar.

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    Basic Legal Ethics

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    The document discusses a case involving a person passing the Shari'a Bar using the title of 'attorney'. The court held that only those who pass the Philippine Bar can use that title, as Shari'a Bar passers are not fully licensed attorneys and can only practice before Shari'a courts. As a result, the respondent was reprimanded for using the title despite not passing the Philippine Bar.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    10K views2 pages

    Alawi v. Alauya (Digest)

    Uploaded by

    Tini Guanio
    The document discusses a case involving a person passing the Shari'a Bar using the title of 'attorney'. The court held that only those who pass the Philippine Bar can use that title, as Shari'a Bar passers are not fully licensed attorneys and can only practice before Shari'a courts. As a result, the respondent was reprimanded for using the title despite not passing the Philippine Bar.

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    ALAWI

    V. ALAUYA
    AM No. SDC-97-2-P February 24 1997
    Narvasa

    SUBJECT: Canon 9 Assisting in unauthorized practice of law

    FACTS:
    Sophia Alawi was a sales representative of EB Villarosa & Partners Co., Ltd of Davao City, a
    real estate housing company. Ashari M. Alauya is the incumbent executive clerk of court of
    the 4th Judicial Sharia District in Marawi City.

    Through Alawis agency, a contract was executed for the purchase on installment by Alauya
    of one of the housing units belonging to the Villarosa & Co. and in connection therewith, a
    housing loan was also granted to Alauya by the National Home Mortgage Finance Corp.
    (NHMFC). Not long afterwards, Alauya addressed a letter to the President of Villarosa & Co.
    and to NHMFC advising of the termination of his contract with Villarosa & Co., as his
    consent was vitiated by gross misrepresentation, deceit, fraud, dishonesty, and abuse of
    confidence. According to him, he was induced by Alawi to sign a blank contract on the
    assurance that Alawi would show the completed document to him later for correction, but
    she never did.

    Alawi, in response, filed a verified complaint praying that Alauya be dismissed or
    disciplined, for the reason, among other that he usurped the title of attorney which only
    regular members of the Philippine Bar may use.

    In response, Alauya first submitted a preliminary comment in which he questioned the
    authority of Atty. Marasigan, Asst. Div. Clerk of Court who signed the notices of resolution,
    to require explanation of him, pertaining him as a mere assistant and that the resolution
    was a result of strong link between Alawi and Atty. Marasigans office.

    Alauya justified his use of the title attorney by the assertion that it is lexically
    synonymous with counselors-at-law, a title to which Sharia lawyers have a rightful
    claim, adding that he prefers the title of attorney because counselor is often mistaken
    for councilor, konsehal or the Maranao term consial, connoting a local legislator
    beholden to the mayor. Withal, he does not consider himself a lawyer.

    ISSUE: WON respondent Alauya is allowed to used the title attorney although only
    passing the Sharia Bar.

    HELD: No!
    Persons who pass the Sharia Bar are not full-pledged members of the Philippines Bar,
    hence may only practice law before Sharia courts. While one has been admitted to the
    Sharia Bar, and one who was been admitted to the Philippines Bar, may both be considered
    counselors, 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 obtained
    the necessary degree in the study of law and successfully taken the Bar Examinations, have

    been admitted to the IBP and remain members thereof in good standing; and it is only them
    who are authorized to practice law in this jurisdiction.
    Respondents disinclination to use the title of counselor does not warrant his use of the
    title attorney.

    As a member of the Sharis Bar and an officer of the Court, Alawi is subject to a standard of
    conduct more stringent than for most other government workers. As a man of the law, he
    may not use language which is abusive, offensive, scandalous, menacing, or otherwise
    improper. As a judicial employee, it is expected that he accord respect for the persons and
    the rights of others at all times, and that his every act and word should be characterized by
    prudence, restraint, courtesy, dignity. His radical deviation from these salutary norms
    might perhaps be mitigated, but cannot be excused, but his strongly held conviction that he
    had been grievously wronged. Alauya was reprimanded for use of excessively intemperate
    insulting or virulent language, i.e, language unbecoming a judicial officer, and for usurping
    the title attorney; and is warned that any similar or other impropriety or misconduct in the
    future will be dealt with more severely.

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