Alawi v. Alauya 268 SCRA 629
Alawi v. Alauya 268 SCRA 629
Shari'a District in Marawi City. They were As regards Alauya's use of the title of "Attorney,"
classmates, and used to be friends. this Court has already had occasion to declare
that persons who pass the Shari'a Bar are not
It appears that through Alawi's agency, a full-fledged members of the Philippine Bar,
contract was executed for the purchase on hence may only practice law before Shari'a
installments by Alauya of one of the housing courts.[21] While one who... has been admitted
units belonging to the above mentioned firm to the Shari'a Bar, and one who has been
(hereafter, simply Villarosa & Co.); and in admitted to the Philippine Bar, may both be
connection therewith, a housing loan was also considered "counsellors," in the sense that they
granted to give counsel or advice in a professional capacity,
only the latter is an "attorney." The title of
Alauya by the National Home Mortgage Finance "attorney" is reserved to... those who, having
Corporation (NHMFC). obtained the necessary degree in the study of law
Not long afterwards, or more precisely on and successfully taken the Bar Examinations,
December 15, 1995, Alauya addressed a letter to have been admitted to the Integrated Bar of the
the President of Villarosa & Co. advising of the Philippines and remain members thereof in good
termination of his contract with the company. standing; and it is they only who are authorized
to practice law in... this jurisdiction.
He then proceeded to expound in considerable
detail and quite acerbic language on the Alauya says he does not wish to use the title,
"grounds which could evidence the bad faith, "counsellor" or "counsellor-at-law," because in
deceit, fraud, misrepresentation, dishonesty and his region, there are pejorative connotations to
abuse of confidence by the unscrupulous sales the term, or it is confusingly similar to that given
agent ** ;" and closed with the plea that Villarosa to local legislators. The ratiocination, valid or
not, is of no moment. His... disinclination to use
& Co. "agree for the mutual rescission of our the title of "counsellor" does not warrant his use
contract, even as I inform you that I categorically of the title of attorney.
state on record that I am terminating the
contract **. I hope I do not have to resort to any Finally, respecting Alauya's alleged unauthorized
legal action before said onerous and use of the franking privilege, the record contains
manipulated contract against my interest be... no evidence adequately establishing the
annulled. I was actually fooled by your sales accusation.
agent, hence the need to annul the controversial WHEREFORE, respondent Ashari M. Alauya is
contract." hereby REPRIMANDED for the use of
Alauya justified his use of the title, "attorney," by excessively intemperate, insulting or virulent
the assertion that it is "lexically synonymous" language, i.e., language unbecoming a judicial
with "Counsellors-at-law," a title to which officer, and for usurping the title of attorney;
Shari'a lawyers have a rightful claim, adding that and he is warned that any similar... or other
he prefers the title of "attorney" because impropriety or misconduct in the future will be
"counsellor" is often mistaken for dealt with more severely.