Professional Documents
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Alawi Vs Alauya
Alawi Vs Alauya
THIRD DIVISION
DECISION
NARVASA, C.J.:
On the same date, December 15, 1995, Alauya also wrote to Mr.
Fermin T. Arzaga, Vice-President, Credit & Collection Group of
the National Home Mortgage Finance Corporation (NHMFC) at
Salcedo Village, Makati City, repudiating as fraudulent and void
his contract with Villarosa & Co.; and asking for cancellation of his
housing loan in connection therewith, which was payable from
salary deductions at the rate of P4,338.00 a month. Among other
things, he said:
The upshot was that in May, 1996, the NHMFC wrote to the
Supreme Court requesting it to stop deductions on Alauya's
UHLP loan "effective May 1996," and began negotiating with
Villarosa & Co. "for the buy-back of ** (Alauya's) mortgage, and **
the refund of ** (his) payments."c
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," connoting a
local legislator beholden to the mayor. Withal, he does not
consider himself a lawyer.
Averring in fine that his acts in question were done without malice,
Alauya prays for the dismissal of the complaint for lack of merit, it
consisting of "fallacious, malicious and baseless allegations," and
complainant Alawi having come to the Court with unclean hands,
her complicity in the fraudulent housing loan being apparent and
demonstrable.
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
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SO ORDERED.