SOPHIA ALAWI v. ASHARY M.

ALAUYA, AM SDC-97-2-P, 1997-02-24

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.

It appears that through Alawi's agency, a contract was executed for the purchase on
installments by Alauya of one of the housing units belonging to the above-mentioned firm
(hereafter, simply Villarosa & Co.); and in connection therewith, a housing loan was also
granted to Alauya by the National Home Mortgage Finance Corporation (NHMFC).

Not long afterwards, or more precisely on December 15, 1995, Alauya addressed a letter
to the President of Villarosa & Co. advising of the termination of his contract with the
company.

He then proceeded to expound in considerable detail and quite acerbic language on the
"grounds which could evidence the bad faith, deceit, fraud, misrepresentation, dishonesty
and abuse of confidence by the unscrupulous sales agent ** ;" and closed with the plea
that Villarosa & Co. "agree for the mutual rescission of our contract, even as I inform you
that I categorically state on record that I am terminating the contract **. I hope I do not
have to resort to any legal action before said onerous and manipulated contract against
my interest be... annulled. I was actually fooled by your sales agent, hence the need to
annul the controversial contract."

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.

Issues:
On learning of Alauya's letter to Villarosa & Co. of December 15, 1995, Sophia Alawi filed
with this Court a verified complaint dated January 25, 1996 -- to which she appended a
copy of the letter, and of the above-mentioned envelope bearing the typewritten words,
"Free Postage PD 26."[1] In that complaint, she accused Alauya of:

Usurpation of the title of "attorney," which only regular members of the Philippine Bar may
properly use.

Ruling:

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.[21] While one who...
has been admitted to the Shari'a Bar, and one who has been admitted to the Philippine
Bar, may both be 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 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.

Alauya says he does not wish to use the title, "counsellor" or "counsellor-at-law," because
in his region, there are pejorative connotations to the term, or it is confusingly similar to
that given to local legislators. The ratiocination, valid or not, is of no moment. His...
disinclination to use the title of "counsellor" does not warrant his use of the title of attorney.

Finally, 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.