CASE

ANTECEDENT
Title

Alawi v. Alauya

Code

268 SCRA 639

Sophia Alawi was a sales representative 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. Through Alawi's agency, a contract was executed for the
purchase on installments by Alauya of one of the housing units from Villarosa & Co.; and in connection therewith, a housing loan was also granted to
Alauya by the National Home Mortgage Finance Corporation (NHMFC). However, Alauya requested for the cancellation of his housing loan and for the
discontinue of deductions from his salary as he alleged claims that Alawi maliciously and fraudelently manipulated the said contract and unlawfully
secured and pursued the housing loan without his authority and against his will., which makes the contract void ab initio. Alawi, on the other hand, filed
a complaint accusing 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.

Bongalonta v. Castillo

Cayetano v. Monsod

240 SCRA 310

210 SCRA 210

Sally Bongalonta charged Atty. Pablito M. Castillo and Atty. Alfonso M. Martija, members of the Philippine Bar, with unjust and unethical conduct, to wit:
representing conflicting interests and abetting a scheme to frustrate the execution or satisfaction of a judgment which Bongalonta might obtain. Atty.
Castillo was the counsel of the Spouses Abuel in the criminal and civil cases filed by the petitioner. During the pendency of these cases, Gregorio
Lantin, represented by Atty. Martija, also filed a civil case against the Spousess Abuel, by which judgment by default was obtained in favor of Lantin.
Later on, it was alleged Atty. Castillo and Atty. Martija placed the same address, the same PTR and the same IBP receipt number. Hence, Sally
concluded that the civil case filed by Lantin was merely a part of the scheme of the Spouses Abuel to frustrate the satisfaction of the money judgment
which complainant might obtain in the civil case she filed.
Monsod was nominated by President Aquino as Chairman of the Comelec. The Commission on Appointments confirmed the appointment despite
Cayetano's objection, based on Monsod's alleged lack of the required qualification of 10 year law practice. Cayetano filed this certiorari and prohibition.
The 1987 constitution provides in Section 1, Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree,
and must not have been candidates for any elective position in the immediately preceding elections.However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

ARGUMENT / COUNTER-ARGUMENTS
ISSUE
Plaintiff / Petitioner

he made "malicious and libelous charges (against Alawi) with no solid grounds
through manifest ignorance and evident bad faith," resulting in "undue injury to (her)
and blemishing her honor and established reputation."

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

Defendant / Respondent
the complaint had no factual basis; Alawi was envious of him for being not only
"the Executive Clerk of court and ex-officio Provincial Sheriff and District
Registrar," but also "a scion of a Royal Family
He stated that his acts as clerk of court were done in good faith and within the
confines of the law; and that Sophia Alawi as sales agent had, by falsifying his
signature, fraudulently bound him to a housing loan contract entailing monthly
deductions of P4,333.10 from his salary. 1
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,"
Usurpation of the title of "attorney," which only regular members of the Philippine Bar connoting a local legislator beholden to the mayor. Withal, he does not consider
may properly use.
himself a lawyer.
all her dealings with Alauya had been regular and completely transparent. She
closed with the plea that Alauya "be dismissed from the service, or be appropriately
disciplined (sic) ** "

WON the title Attorney may be synonymously usedby

Sharia lawyers with Counsellors-at-law

it was he who had suffered "undue injury, mental anguish, sleepless nights,
wounded feelings and untold financial suffering," considering that in six months,
a total of P26,028.60 had been deducted from his salary.
1) Alawi obtained his consent to the contracts in question "by gross
misrepresentation, deceit, fraud, dishonesty and abuse of confidence;"
2) Alawi acted in bad faith and perpetrated ** illegal and unauthorized acts ** **
prejudicial to ** (his) rights and interests;"
3) Alawi was an "unscrupulous (and "swindling") sales agent" who had fooled
him by "deceit, fraud, misrepresentation, dishonesty and abuse of confidence;"
and
4) Alawi had maliciously and fraudulently manipulated the contract with Villarosa
& Co., and unlawfully secured and pursued the housing loan without ** (his)
authority and against ** (his) will," and "concealed the real facts **."

It may be mentioned that in contrast to his two (2) letters to Assistant Clerk of Court Marasigan (dated April 19, 1996 and April 22, 1996), and his two (2) earlier letters
both dated December 15, 1996 -- all of which he signed as "Atty. Ashary M. Alauya" -- in his Comment of June 5, 1996, he does not use the title but refers to himself
as "DATU ASHARY M. ALAUYA."
Atty. Pablito Castillo and Atty. Alfonso Martija placed the same address, the same
PTR and the same IBP receipt number.
Monsod did not possess the needed qualification, that is, he had not engaged in the
practice of law for at least ten (10) years prior to his appointment as COMELEC
Chairman.

It was Atty. Castillo's Cashier-Secretary who placed the IBP official receipt
number and who failed to pay in due time the IBP membership dues of her
employer.

Atty. Monsod's past work experiences as a lawyer-economist, a lawyermanager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts,
It is conceded that he has been engaged in business and finance, in which areas he and a lawyer-legislator of both the rich and the poor verily more than satisfy
has distinguished himself, but as an executive and economist and not as a practicing the constitutional requirement that he has been engaged in the practice of
law for at least ten years. his nomination has been confirmed by the
lawyer. (J. Cruz)
He is a member of the bar but he has never engaged in the practice of law for even Commission on Appointments.
one year. (J. Gutierrez)

WON respondent is guilty of violating the Code of

Professional &esponsibility

1. WON Monsod has been engaged in the practice of

law for 10 years.
2. WON the Commission on Appointments committed
grave abuse of discretion in confirming Monsods
appointment.

RULING
HELD
Legal Points

REMARKS

SOURCES

Application / Interpretation
enunciates the State policy of promoting a high standard of ethics and utmost
responsibility in the public service.[16] 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."[17] More than once has this Court
emphasized that "the conduct and behavior of every official and employee of an
agency involved in the administration of justice, from the presiding judge to the
most junior clerk, should be circumscribed with the heavy burden of responsibility.
Their conduct must at all times be characterized by, among others, strict propriety
and decorum so as to earn and keep the respect of the public for the judiciary."
[18]

The law requires that Alauya exercise that right with propriety, without malice or
Ashari M. Alauya is hereby
vindictiveness, or undue harm to anyone; in a manner consistent with good
REPRIMANDED for the use of
morals, good customs, public policy, public order, supra; or otherwise stated, that excessively intemperate, insulting
he "act with justice, give everyone his due, and observe honesty and good faith."
or virulent language, i.e.,
language unbecoming a judicial
The Code of Conduct and Ethical As a member of the Shari'a Bar and an officer of a Court, Alawi is subject to a
Standards for Public Officials and standard of conduct more stringent than for most other government workers. As a officer, and for usurping the title of
attorney; and he is warned that
Employees (RA 6713)
man of the law, he may not use language which is abusive, offensive,
any similar or other impropriety or
scandalous, menacing, or otherwise improper.[20] As a judicial employee, it is
misconduct in the future will be
expected that he accord respect for the person and the rights of others at all
dealt with more severely.
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, by his strongly held conviction that
he had been grievously wronged.

https://docs.google.
com/document/d/1yzKBNzX5xT4
YxoaaK9NYfppJhiFVmFB7wQ1FGCarvk/edit

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. 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.
Atty. Castillo is GUILTY of
committing falsehood in violation
of his lawyer's oath and of the
Code of Professional
Responsibility, the Court Resolved
to SUSPEND him from the
practice of law for a period of six
(6) months.
it is the bounded duty and obligation of every lawyer to see to it that he pays his
IBP membership dues on time, especially when he practices before the courts, as
required by the Supreme Court.

The complaint against Atty.

Martija is hereby DISMISSED for
lack of evidence.

the practice of law is not a right

but a privilege bestowed by the
State on those who show that they
possess, and continue to possess,
the qualifications required by law
for the conferment of such
privilege. One of these
requirements is the observance of
honesty and candor. Courts are
entitled to expect only complete
candor and honesty from the
lawyers appearing and pleading
before them. A lawyer, on the
other hand, has the fundamental
duty to satisfy that expectation. for
this reason, he is required to
swear to do no falsehood, nor
consent to the doing of any in
court.

https://docs.google.
com/document/d/1XjQfvCz68Rmq
ZK7zZUTyHMRxB5eKYPCQSHS
u4JlFG7c/edit

Monsod did not possess the needed qualification, that is, he had not engaged in
the practice of law for at least ten (10) years prior to his appointment as
Art. IX(C), Section 1(1), 1987
COMELEC Chairman. "practice" refers to the actual performance or application of
Constitution: "have been engaged knowledge as distinguished from mere possession of knowledge; it connotes an
in the practice of law for at least
active, habitual, repeated or customary action. (J. Padilla) Several factors
ten (10) years."
determinative of whether a particular activity constitutes "practice of law.":
Habituality (customary), Compensation (active) , Application of law legal principle;
and Attorney-client relationship
"Practicing Law"

"Practicing as an attorney or counselor at law according to the laws and customs

of our courts, is the giving of advice or rendition of any sort of service by any
person, firm or corporation when the giving of such advice or rendition of such
service requires the use of any degree of legal knowledge or skill."

petition is DISMISSED

14 members of the Court:

5 - Yes.
4 - No.
2 - There was no GAD
2 - N/A

https://docs.google.
com/document/d/1OMohm7s-dqnKYr8nnzXGqsw1EpUF9GvsXmd
WPkGww8/edit