Alawi V Alauya

Facts:
Sophia Alawi was (and presumably still is) a sales representative (or coordinator)
of E. B. Villarosa & Partners Co., Ltd. of Davao City, a real estate and housing
company.
Ashari M. Alauya is the incumbent executive clerk of court of the 4th Judicial
Shari'a District in Marawi City.
They were classmates, and used to be friends.
through Alawi's agency, a contract was executed for the purchase on
installments by Alauya of one of the housing units belonging to Villarosa & Co.
Alauya addressed a letter to the President of Villarosa & Co. advising of the
termination of his contract with the company
o I am formally and officially withdrawing from and notifying you of my intent
to terminate the Contract/Agreement entered into between me and your
company, as represented by your Sales Agent/Coordinator, SOPHIA
ALAWI .. I am formally and officially withdrawing from and notifying you
of my intent to terminate the Contract/Agreement entered into between me
and your company, as represented by your Sales Agent/Coordinator,
SOPHIA ALAWI Onerous Contract prejudicial to my rights and
interests. "
Alauya sent a copy of the letter to the Vice-President of Villarosa & Co. at San
Pedro, Gusa, Cagayan de Oro City. The envelope containing it, and which
actually went through the post, bore no stamps. Instead at the right hand
corner above the description of the addressee, the words, "Free Postage
PD 26," had been typed
Alauya also wrote to Mr. Fermin T. Arzaga, Vice-President, Credit & Collection
Group of the National Home Mortgage Finance Corporation (NHMFC) at Salcedo
Village, Makati City repudiating as fraudulent and void his contract with
Villarosa & Co.; and asking for cancellation of his housing loan
Alauya wrote three other letters
Sophia Alawi filed with this Court a verified complaint she accused Alauya of:
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 established
reputation;"
3. "Unauthorized enjoyment of the privilege of free postage **;" and
4. Usurpation of the title of "attorney," which only regular members of the

Philippine Bar may properly use.
She deplored Alauya's references to her as "unscrupulous, swindler, forger,
manipulator, etc." without "even a bit of evidence to cloth (sic) his allegations with
the essence of truth," denouncing his imputations as irresponsible
Alauya first submitted a "Preliminary Comment" in which he questioned the
authority of Atty. Marasigan to require an explanation of him,
Alauya requested the atty Marasigan to give him a copy of the complaint in order
that he might comment thereon.
He declared that there was no basis for the complaint; in communicating with
Villarosa & Co. he had merely acted in defense of his rights. He denied any
abuse of the franking privilege, saying that he gave P20.00 plus transportation
fare to a subordinate whom he entrusted with the mailing of certain letters; that
the words: "Free Postage PD 26," were typewritten on the envelope by some
other person, an averment corroborated by the affidavit of Absamen C.
Domocao, Clerk IV and as far as he knew, his subordinate mailed the letters with
the use of the money he had given for postage, and if those letters were indeed
mixed with the official mail of the court, this had occurred inadvertently and
because of an honest mistake
Alauya justified his use of the title, "attorney," by the assertion that it is "lexically
synonymous" with "Counsellors-at-law," a title to which Shari'a lawyers have a
rightful claim, adding that he prefers the title of "attorney" because "counsellor" 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.
He pleads for the Court's compassion, alleging that what he did "is expected of
any man unduly prejudiced and injured."
o He claims he was manipulated into reposing his trust in Alawi, a classmate
and friend.
o He was induced to sign a blank contract on Alawi's assurance that she
would show the completed document to him later for correction, but she
had since avoided him; despite "numerous letters and follow-ups" he still
does not know where the property -- subject of his supposed agreement
with Alawi's principal, Villarosa & Co. -- is situate
o Got GSIS policy w/o his consent
o Alawi forged his signature
in his Comment of June 5, 1996, he does not use "Atty. Ashary M. Alauya" (wc
he used in letters he sent) but refers to himself as "DATU ASHARY M. ALAUYA."
HELD:
The Code of Conduct and Ethical Standards for Public Officials and Employees
(RA 6713) inter alia enunciates the State policy of promoting a high standard of
ethics and utmost responsibility in the public service
Section 4 of the Code commands that "(p)ublic 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."
Alauya is evidently convinced that he has a right of action against Sophia Alawi.
o The law requires that he exercise that right with propriety, without malice
or vindictiveness, or undue harm to anyone; in a manner consistent
with good morals, good customs, public policy, public order, supra; or
otherwise stated, that he "act with justice, give everyone his due, and
observe honesty and good faith.
o 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 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 regards Alauya's use of the title of "Attorney," this Court 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 law before
Shari'a courts.
o 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 Integrated Bar of the Philippines
and remain members thereof in good standing; and it is they only who are
authorized to practice law in this jurisdiction.
Respecting Alauya's alleged unauthorized use of the franking privilege, the
record contains no evidence adequately establishing the accusation.
WHEREFORE, respondent Ashari M. Alauya is hereby REPRIMANDED for the use of

excessively intemperate, insulting or virulent language, i.e., language unbecoming a
judicial officer, and for usurping the title of attorney; and he is warned that any similar or
other impropriety or misconduct in the future will be dealt with more severely.

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Alawi V Alauya

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Facts:

1. "Imputation of malicious and libelous charges with no solid grounds

3. "Unauthorized enjoyment of the privilege of free postage **;" and

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

WHEREFORE, respondent Ashari M. Alauya is hereby REPRIMANDED for the use of

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