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ALAWI V. ALAUYA AM No. SDC-‐97-‐2-‐P – February 24 1997 Narvasa SUBJECT: Canon 9 – Assisting in unauthorized practice of law FACTS: Sophia Alawi was a sales representative of EB Villarosa & Partners Co., Ltd of Davao City, a real estate 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 installment by Alauya of one of the housing units belonging to the Villarosa & Co. and in connection therewith, a housing loan was also granted to Alauya by the National Home Mortgage Finance Corp. (NHMFC). Not long afterwards, Alauya addressed a letter to the President of Villarosa & Co. and to NHMFC advising of the termination of his contract with Villarosa & Co., as his consent was vitiated by gross misrepresentation, deceit, fraud, dishonesty, and abuse of confidence. According to him, he was induced by Alawi to sign a blank contract on the assurance that Alawi would show the completed document to him later for correction, but she never did. Alawi, in response, filed a verified complaint praying that Alauya be dismissed or disciplined, for the reason, among other that he usurped the title of attorney which only regular members of the Philippine Bar may use. In response, Alauya first submitted a preliminary comment in which he questioned the authority of Atty. Marasigan, Asst. Div. Clerk of Court who signed the notices of resolution, to require explanation of him, pertaining him as a mere assistant and that the resolution was a result of strong link between Alawi and Atty. Marasigan’s office. Alauya justified his use of the title “attorney” by the assertion that it is lexically synonymous with “counselors-‐at-‐law”, a title to which Shari’a lawyers have a rightful claim, adding that he prefers the title of “attorney” because “counselor” 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. ISSUE: WON respondent Alauya is allowed to used the title “attorney” although only passing the Shari’a Bar. HELD: No! Persons who pass the Shari’a Bar are not full-‐pledged members of the Philippines Bar, hence may only practice law before Shari’a courts. While one has been admitted to the Shari’a Bar, and one who was been admitted to the Philippines Bar, may both be considered “counselors,” 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 IBP and remain members thereof in good standing; and it is only them who are authorized to practice law in this jurisdiction. Respondent’s disinclination to use the title of “counselor” does not warrant his use of the title attorney. As a member of the Shari’s Bar and an officer of the 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 a judicial employee, it is expected that he accord respect for the persons and the rights of others at all 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, but his strongly held conviction that he had been grievously wronged. Alauya was reprimanded for use of excessively intemperate insulting or virulent language, i.e, language unbecoming a judicial officer, and for usurping the title attorney; and is warned that any similar or other impropriety or misconduct in the future will be dealt with more severely.