Alawi v. Alauya

Ashari M. Alauya, executive clerk of court of the 4th Judicial Shari'a District in Marawi City, bought a housing unit on installments from E. B. Villarosa & Partners Co. through his former classmate Sophia Alawi, the company's sales representative, with a housing loan from the NHMFC. He later wrote to Villarosa & Co. and the NHMFC repudiating the contract and calling Alawi, among other things, an "unscrupulous (and "swindling") sales agent" who acted by fraud and deceit; one envelope bore the typed words "Free Postage — PD 26." He signed several letters as "Atty. Ashary M. Alauya." Alawi filed a complaint charging him with malicious imputations, unauthorized use of the franking privilege, and usurping the title of "attorney." Alauya claimed he acted in defense of his rights, denied typing the franking notation, and argued that "attorney" is "lexically synonymous" with "Counsellors-at-law," a title Shari'a lawyers may claim, while stating that he does not consider himself a lawyer.

1. 1Whether Alauya was liable for using intemperate and insulting language in his letters
2. 2Whether a member of the Shari'a Bar may use the title "attorney"
3. 3Whether he abused the franking privilege

Alauya was liable on the first two charges but not the third. Section 4 of R.A. 6713 requires public employees to respect the rights of others, and court personnel must observe "strict propriety and decorum." Even a sincerely held belief that one has been defrauded does not justify "excessively intemperate. insulting or virulent language"; "Righteous indignation, or vindication of right cannot justify resort to vituperative language, or downright name-calling." As a Shari'a Bar member and court officer, he was held to a stricter standard (the Court applied Rules 8.01 and 11.03 of the Code of Professional Responsibility by analogy). On the title, the Court recalled 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." Both may be called "counsellors," but "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." His dislike of the term "counsellor" did not entitle him to use "attorney." The franking-privilege charge failed for lack of evidence. Disposition: Alauya was reprimanded for intemperate language unbecoming a judicial officer and for usurping the title of attorney, with a warning of more severe action for any repetition.