ALAWI V.

ALAUYA 1997
Complainant: Sophia Alawi
Respondent: Ashary M. Alauya (Clerk of Court VI, Sharia District Court, Marawi City)
Topic: Canon 9 (Unauthorized Practice of Law)
Facts

Sophia Alawi was a sales representative or coordinator of EB Villarosa & Partners Co., Ltd. of Davao
City, a real estate and housing company. Ashary M. Alauya is the incumbent executive clerk of court of
the 4th Judicial Sharia District in Marawi City. The two were formerly classmates and friends.
Through Alawis agency, a contract was executed for the purchase on installments by Alauya of one of
the housing units belonging to to Villarosa & Co. A housing loan was then granted to Alauya by the
National Home Mortgage Finance Corporation (NHMFC).
Alauya later addressed a letter to the President of Villarosa & Co. advising the termination of his
contract with the company, alleging that his consent was vitiated by gross misrepresentation, deceit,
fraud, dishonesty and abuse of confidence by Alawi.
Alauya sent a copy of the letter to the VP of Villarosa & Co., but it bore no stamps. It instead had the
words Free Postage-PD 26. He also wrote to Fermin T. Arzaga, VP of NHMFC, repudiating as
fraudulent his contract with Villarosa & Co. and asking for the cancellation of his housing loan. He
wrote Arzaga 3 other letters asking for the same. He also wrote to Corazon M. Ordoez, Head of the
Fiscal Management & Budget Office of the Supreme Court, to stop deductions from his salary in
relation to said loan. NHMFC wrote to the Court requesting it to stop deductions on Alauyas loan, and
negotiated for the refund of his payments.
Upon learning of Alauyas letter, Alawi filed a verified complaint with the Court, alleging that Alauya
made malicious and libelous charges against her with no solid grounds, that he caused her undue
injury and blemished her honor and reputation, that he employed the unauthorized use of free postage
privilege, and that he usurped the title of attorney. She sought his dismissal from the service or
proper disciplinary action.
In Alauyas reply, he averred that the comment had no factual basis and that Alawi was merely jealous
of him for being the Executive Clerk of Court and ex-officio Provincial Sheriff and District Registrar, and
for being a scion of the Royal Family. In a subsequent and less aggressive letter, he also stated that his acts
were done in good faith, that Alawi falsified his signature, thus fraudulently binding him to a housing
loan contract entailing monthly deductions of P4,333.10 from his salary, totaling P26,028.60 in 6 months.
He also denied abusing the franking privilege, saying that he gave P20 plus transportation fare to a
subordinate to mail the letters, and if his letter was mixed with the Courts official mail, it was an
honest mistake.
o Alauya justified the use of the title attorney as being lexically synonymous with
Counsellors-at-law, a title to which Sharia lawyers have a rightful claim. He prefers
attorney, as counsellor is often mistaken for councilor, konsehal, or consial (Maranao
term).
o He asked for the Courts compassion, as he was manipulated by his friend Alawi into signing a
blank contract despite not knowing where the property even is. Alawi evaded him after he tried
to clarify and ask for the completed document. She somehow acquired his GSIS policy from his
wife, which she did not return until several months. Alawi forged his signature on pertinent
documents regarding down payment, clearance, layout, salary deduction, etc.
o His 2 letters to the Clerk of Court and 2 other earlier letters to the Court were signed Atty.
Ashary M. Alauya, while his comment was signed Datu Ashary M. Alauya.

Issues
1. W/N Alauya conformed to the standards of conduct and ethics for public officials and employees NO
o In his letters, Alauya alleged that his consent was obtained by gross misrepresentation, deceit,
fraud, dishonesty, and abuse of confidence, that Alawi acted in bad faith and perpetrated illegal
and unauthorized acts, that she was an unscrupulous and swindling sales agent, and that she
had maliciously and fraudulently manipulated the contract.
o The Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713)
commands that public officials and employees at all times must respect the rights of others, and
must refrain from doing acts contrary to law, good morals, good customs, public policy, public
order, public safety, and public interest. Their conduct must at all times be characterized by
strict propriety and decorum so as to earn and keep the respect of the public for the judiciary.
o Alauyas his conviction that he has been wronged and has a right of action against Alawi might
temper, but does not justify, his deviation from the standard of conduct which he is bound to
uphold. As a man of the law, he may not use language which is abusive, offensive, scandalous,
menacing, or otherwise improper. He must accord respect for the person and the rights of
others at all times, and his every act and word must be characterized by prudence, restraint,
courtesty, and dignity.
W/N Alauya is entitled to use Attorney NO
o Persons who pass the Sharia Bar are not full-fledged members of the Philippine Bar, hence may
only practice law before Sharia courts. They are counselors in a sense that they give counsel or
advice in a professional capacity, but the title of attorney is reserved to those have obtained
the necessary degree in the study of law, have successfully taken the Bar Examinations, and
have been admitted to the Integrated Bar of the Philippines (and remain members in good
standing).
o His disinclination to use the title of counsellor does not warrant his use of the title of attorney.
HELD: Alauya is hereby reprimanded for the use excessively intemperate, insulting or virulent language and
for usurping the title of attorney. He is warned that any similar or other impropriety or misconduct in the
future will be dealt with more severely.