ALAWI vs ALAUYA

Facts: Sophia Alawi was a sales representative of E.B. Villarosa & Partners Co. Ltd.
while Ashary Alauya was the incumbent executive clerk of court of the 4 th Judicial
Sharia District in Marawi. A contract was executed for the purchase of a housing unit in
installments by Alauya and a housing loan was also granted to Alauya by the National
Home Mortgage Finance Corporation (NHMFC). Not long afterwards, Alauya wrote
president of Villarosa and Co. about the termination of his contract on the grounds that
his consent was vitiated by gross misrepresentation, deceit, fraud, dishonesty, and
abuse of confidence by Sophia Alawi. He contends that a sales agent acting in bad faith
perpetrated such illegal and unauthorized acts which made said contract an Onerous
Contract prejudicial to his rights. The envelope containing the said letter bore no
stamps. Instead, it has a free postage-PG26 at the upper right hand corner of the
envelope. Alauya also wrote to the president of NHMFC asking for the cancellation of
the housing loan. Sophia Alawi filed a verified complaint with a plea that Alauya be
dismissed or be appropriately disciplined on the grounds 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

(4) Usurpation of the title of attorney which only regular members of the Philippine Bar
may properly use

Alauya submitted her preliminary comment questioning the authority of Atty. Marasigan,
Assistant Division Clerk of Court, to require an explanation from him. He also voiced out
his suspicion that there is a strong link between Ms. Alawi and Mr. Marasigans office.
Alauya also contended that he suffered undue injury, mental anguish and sleepless
nights considering a total of 26,028.60 pesos had been deducted from his salary for 6
months. He denied the abuse of franking privilege saying that he gave 20 pesos to a
subordinate to mail the letters. If those letters were mixed with the official mail of the
court, it is an honest mistake. Alauya also explained that he used the title Attorney
because counselor is often mistaken for councilor. He also said that he was induced to
sign a blank contract by Alawi with an assurance that she would show the complete
document after correction but she avoided him. He claims that Alawi forged his
signature in some pertinent documents in connection with his contract with Villarosa and
Co. like those regarding the down payment, clearance, etc. the court referred the case
to the Office of the Court Administrator for evaluation, report and recommendation.
Issue: If complaint of Alawi merits an action (not sure )

Decision: Alauya is hereby reprimanded for the use of excessively intemperate,

insulting or virulent language, language unbecoming a judicial officer, and for usurping
the title of attorney.

Explanation:

(a) As a man of law, he may not use language which is abusive, offensive, scandalous,
menacing, or otherwise improper.

(b) The court already had occasion to declare that persons who pass the Sharia Bar
are not full-fledged members of the Philippine Bar, hence may only practice law before
Sharia courts.