Alawi v. Alauya
Alawi v. Alauya
Not long afterwards, or more precisely on December 15, 1995, And, as in his letter to Villarosa & Co., he narrated in some
Alauya addressed a letter to the President of Villarosa & Co. advising detail what he took to be the anomalous actuations of
of the termination of his contract with the company. He wrote: Sophia Alawi.
. . I am formally and officially withdrawing from and Alauya wrote three other letters to Mr. Arzaga of the NHMFC, dated
notifying you of my intent to terminate the February 21, 1996, April 15, 1996, and May 3, 1996, in all of which,
Contract/Agreement entered into between me and your for the same reasons already cited, he insisted on the cancellation of
company, as represented by your Sales his housing loan and discontinuance of deductions from his salary on
Agent/Coordinator, SOPHIA ALAWI, of your company's account thereof. a He also wrote on January 18, 1996 to Ms.
branch office here in Cagayan de Oro City, on the grounds Corazon M. Ordoñez, Head of the Fiscal Management & Budget
that my consent was vitiated by gross misrepresentation, Office, and to the Chief, Finance Division, both of this Court, to stop
deceit, fraud, dishonesty and abuse of confidence by the deductions from his salary in relation to the loan in question, again
aforesaid sales agent which made said contract void ab asserting the anomalous manner by which he was allegedly duped
initio. Said sales agent acting in bad faith perpetrated such into entering into the contracts by "the scheming sales agent." b
illegal and unauthorized acts which made said contract an
Onerous Contract prejudicial to my rights and interests. He
The upshot was that in May, 1996, the NHMFC wrote to the
then proceeded to expound in considerable detail and
Supreme Court requesting it to stop deductions on Alauya's UHLP
quite acerbic language on the "grounds which could
loan "effective May 1996." and began negotiating with Villarosa &
evidence the bad faith. deceit, fraud, misrepresentation,
Co. " for the buy-back of . . . (Alauya's) mortgage. and . . the refund
dishonesty and abuse of confidence by the unscrupulous
of . . (his) payments." c
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 On learning of Alauya's letter to Villarosa & Co. of December 15,
am terminating the contract . . . I hope I do not have to 1995, Sophia Alawi filed with this Court a verified complaint dated
resort to any legal action before said onerous and January 25, 1996 — to which she appended a copy of the letter, and
manipulated contract against my interest be annulled. I of the above mentioned envelope bearing the typewritten words,
was actually fooled by your sales agent, hence the need to "Free Postage - PD 26."1 In that complaint, she accused Alauya of:
annul the controversial contract."
1. "Imputation of malicious and libelous charges with no
Alauya sent a copy of the letter to the Vice-President of solid grounds through manifest ignorance and evident bad
Villarosa & Co. at San Pedro, Gusa, Cagayan de Oro City. faith;"
The envelope containing it, and which actually went
through the post, bore no stamps. Instead at the right 2. "Causing undue injury to, and blemishing her honor and
hand corner above the description of the addressee, the established reputation;"
words, "Free Postage - PD 26," had been typed.
3. "Unauthorized enjoyment of the privilege of free
On the same date, December 15, 1995, Alauya also wrote postage . . .;" and
to Mr. Fermin T. Arzaga, Vice-President, Credit &
Collection Group of the National Home Mortgage Finance 4. Usurpation of the title of "attorney," which only regular
Corporation (NHMFC) at Salcedo Village, Makati City, members of the Philippine Bar may properly use.
repudiating as fraudulent and void his contract with
She deplored Alauya's references to her as "unscrupulous swindler, He pleads for the Court's compassion, alleging that what he did "is
forger, manipulator, etc." without "even a bit of evidence to cloth expected of any man unduly prejudiced and injured." 10 He claims he
(sic) his allegations with the essence of truth," denouncing his was manipulated into reposing his trust in Alawi, a classmate and
imputations as irresponsible, "all concoctions, lies, baseless and friend. 11 He was induced to sign a blank contract on Alawi's
coupled with manifest ignorance and evident bad faith," and assurance that she would show the completed document to him
asserting that all her dealings with Alauya had been regular and later for correction, but she had since avoided him; despite
completely transparent. She closed with the plea that Alauya "be "numerous letters and follow-ups" he still does not know where the
dismissed from the senice, or be appropriately desciplined (sic) . . ." property — subject of his supposed agreement with Alawi's
principal, Villarosa & Co. — is situated; 12 He says Alawi somehow
The Court resolved to order Alauya to comment on the complaint, got his GSIS policy from his wife, and although she promised to
Conformably with established usage that notices of return it the next day, she did not do so until after several months.
resolutions emanate from the corresponding Office of the Clerk of He also claims that in connection with his contract with Villarosa &
Court, the notice of resolution in this case was signed by Atty. Co., Alawi forged his signature on such pertinent documents as
Alfredo P. Marasigan, Assistant Division Clerk of Court.2 those regarding the down payment, clearance, lay-out, receipt of the
key of the house, salary deduction, none of which he ever saw. 13
Alauya first submitted a "Preliminary Comment"3 in which he
questioned the authority of Atty. Marasigan to require an Averring in fine that his acts in question were done without malice,
explanation of him, this power pertaining, according to him, not to Alauya prays for the dismissal of the complaint for lack of merit, it
"a mere Asst. Div. Clerk of Court investigating an Executive Clerk of consisting of "fallacious, malicious and baseless allegations." and
Court." but only to the District Judge, the Court Administrator or the complainant Alawi having come to the Court with unclean hands,
Chief Justice, and voiced the suspicion that the Resolution was the her complicity in the fraudulent housing loan being apparent and
result of a "strong link" between Ms. Alawi and Atty. Marasigan's demonstrable.
office. He also averred that the complaint had no factual basis; Alawi
was envious of him for being not only "the Executive Clerk of Court It may be mentioned that in contrast to his two (2) letters to
and ex-officio Provincial Sheriff and District Registrar." but also Assistant Clerk of Court Marasigan (dated April 19, 1996 and April
"a scion of a Royal Family . . ."4 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
In a subsequent letter to Atty. Marasigan, but this time in much less Comment of June 5, 1996, he does not use the title but refers to
aggressive, even obsequious tones,5 Alauya requested the former to himself as "DATU ASHARY M. ALAUYA."
give him a copy of the complaint in order that he might comment
thereon.6 He stated that his acts as clerk of court were done in good The Court referred the case to the Office of the Court Administrator
faith and within the confines of the law; and that Sophia Alawi, as for evaluation, report and recommendation. 14
sales agent of Villarosa & Co. had, by falsifying his signature,
fraudulently bound him to a housing loan contract entailing monthly The first accusation against Alauya is that in his aforesaid letters, he
deductions of P4,333.10 from his salary. made "malicious and libelous charges (against Alawi) with no solid
grounds through manifest ignorance and evident bad faith, resulting
And in his comment thereafter submitted under date of June 5, in "undue injury to (her) and blemishing her honor and established
1996, Alauya contended that it was he who had suffered "undue reputation." In those letters, Alauya had written inter alia that:
injury, mental anguish, sleepless nights, wounded feelings and
untold financial suffering," considering that in six months, a total of 1) Alawi obtained his consent to the contracts in question "by gross
P26,028.60 had been deducted from his salary.7 He declared that misrepresentation, deceit, fraud, dishonesty and abuse of
there was no basis for the complaint; in communicating with confidence;"
Villarosa & Co. he had merely acted in defense of his rights. He
denied any abuse of the franking privilege, saying that he gave
2) Alawi acted in bad faith and perpetrated . . . illegal and
P20.00 plus transportation fare to a subordinate whom he entrusted
unauthorized acts . . . prejudicial to . . (his) rights and interests;"
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, 3) Alawi was an "unscrupulous (and "swindling") sales agent" who
Clerk IV (subscribed and sworn to before respondent himself, and had fooled him by "deceit, fraud, misrepresentation, dishonesty and
attached to the comment as Annex J);8 and as far as he knew, his abuse of confidence;" and
subordinate mailed the letters with the use of the money he had
given for postage, and if those letters were indeed mixed with the 4) Alawi had maliciously and fraudulently manipulated the contract
official mail of the court, this had occurred inadvertently and with Villarosa & Co., and unlawfully secured and pursued the
because of an honest mistake.9 housing loan without . . (his) authority and against . . (his) will," and
"concealed the real facts . . ."
Alauya justified his use of the title, "attorney," by the assertion that
it is "lexically synonymous" with "Counsellors-at-law." a title to Alauya's defense essentially is that in making these statements, he
which Shari'a lawyers have a rightful claim, adding that he prefers was merely acting in defense of his rights, and doing only what "is
the title of "attorney" because "counsellor" is often mistaken for expected of any man unduly prejudiced and injured," who had
"councilor," "konsehal" or the Maranao term "consial," connoting a suffered "mental anguish, sleepless nights, wounded feelings and
local legislator beholden to the mayor. Withal, he does not consider untold financial suffering, considering that in six months, a total of
himself a lawyer. P26,028.60 had been deducted from his salary. 15
The Code of Conduct and Ethical Standards for Public Officials and WHEREFORE, respondent Ashari M. Alauya is hereby REPRIMANDED
Employees (RA 6713) inter alia enunciates the State policy of for the use of excessively intemperate, insulting or virulent
promoting a high standard of ethics and utmost responsibility in the language, i.e., language unbecoming a judicial officer, and for
public service. 16 Section 4 of the Code commands that "(p)ublic usurping the title of attorney; and he is warned that any similar or
officials and employees . . at all times respect the rights of others, other impropriety or misconduct in the future will be dealt with
and . . refrain from doing acts contrary to law, good morals, good more severely.
customs, public policy, public order, public safety and public
interest." 17 More than once has this Court emphasized that "the SO ORDERED.
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
Now, it does not appear to the Court consistent with good morals,
good customs or public policy, or respect for the rights of others, to
couch denunciations of acts believed — however sincerely — to be
deceitful, fraudulent or malicious, in excessively intemperate,
insulting or virulent language. Alauya is evidently convinced that he
has a right of action against Sophia Alawi. The law requires that he
exercise that right with propriety, without malice or vindictiveness,
or undue harm to anyone; in a manner consistent with good morals,
good customs, public policy, public order, supra; or otherwise
stated, that he "act with justice, give everyone his due, and observe
honesty and good
faith." 19 Righteous indignation, or vindication of right cannot justify
resort to vituperative language, or downright name-calling. As a
member of the Shari'a Bar and an officer of a 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. 20 As a judicial employee, it is expected that he accord
respect for the person 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, by his
strongly held conviction that he had been grievously wronged.