Alawi V Alauya

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

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ALAWI V ALAUYA

1) Alauya practiced behavior unbecoming of a police

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

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

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.

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

purchase on installments by Alauya of one of the housing

granted to Alauya by the National Home Mortgage Finance

President of Villarosa & Co. advising of the termination of

misrepresentation, deceit, fraud, dishonesty and abuse of

fraud, dishonesty and abuse of confidence by the aforesaid

his every act and word should be characterized by prudence,

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

complaint against him. Her grounds were:

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

sales agent which made said contract void ab initio. Said

Contract prejudicial to my rights and interests.

confidence. He also wrote similar letters to the Vice

for most other government workers.

his contract with the company. He claimed that his consent

due, and observe honesty and goodfaith."

excessively intemperate, insulting or virulent language.

company. Ashari M. Alauya is the incumbent executive clerk

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

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

obtained the necessary degree in the study of law and

postage . . .;" and

to the Integrated Bar of the Philippines and remain members

members of the Philippine Bar may properly

successfully taken the Bar Examinations, have been admitted

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

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

authorized to practice law in this jurisdiction.

adequately establishing the accusation.

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