Case Summary (A.M. SDC-97-2-P)
Factual Background of Contract and Loan
Respondent Alauya executed, through Alawi’s agency, an installment‐purchase contract for a housing unit of Villarosa & Co. and secured a corresponding NHMFC loan. On December 15, 1995, he wrote to both Villarosa & Co. and the NHMFC expressly terminating and declaring void ab initio the sales contract and loan, alleging gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence by Alawi. He thereafter sent follow-up letters (February 21; April 15; May 3 1996) reiterating cancellation demands and seeking suspension of salary deductions.
Administrative Complaint and Allegations
On January 25, 1996, Alawi filed a verified complaint before the Supreme Court against Alauya for:
- Malicious and libelous imputations without basis
- Causing undue injury to her honor and reputation
- Unauthorized use of the franking (“free postage”) privilege
- Usurpation of the title “attorney”
Respondent’s Preliminary Objections and Request
Alauya first submitted a Preliminary Comment (April 19, 1996) disputing the authority of the Assistant Division Clerk of Court to investigate him and insinuating bias. He then formally requested a copy of the complaint (April 22, 1996) to prepare his defense.
Respondent’s Formal Comment and Contentions
In his June 5, 1996 Comment, Alauya asserted:
• All communications were in good faith and defensively aimed at vindicating his rights.
• He paid P20.00 for postage; any “Free Postage a PD 26” marking was an inadvertent mix-up.
• He is not a practicing lawyer and used “attorney” interchangeably with “counselor,” citing regional terminology.
• Alawi fraudulently induced him to sign blank and forged documents, vitiating his consent.
Applicable Legal Standards
• 1987 Constitution – Mandates integrity and decorum in public service.
• Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials) – Requires respect for rights, good customs, public policy, and avoidance of acts contrary to law or public interest.
• Civil Code, Art. 19 – Obliges all to act with justice, honesty and good faith.
• Code of Professional Responsibility (analogy to Shariʿa Bar members) – Prohibits abusive language, scandalous conduct, and unauthorized claim to Bar titles.
Court’s Analysis of Defamatory Language
The Court found Alauya’s letters replete with excessively intemperate, insulting and virulent language unbecoming a judicial officer. Even sincerely held grievances must be asserted without malice, vindictiveness or undue harm. As an officer of the judiciary, he bore a heavier duty of restraint, courtesy and dignity.
Court’s Analysis of Title Usurpation
By styling himself “Atty. Ashari M. Alauya,” respondent usurped a title reserved for Integrated Bar members admitted t
...continue readingCase Syllabus (A.M. SDC-97-2-P)
Parties and Positions
- Sophia Alawi
• Sales representative/coordinator of E. B. Villarosa & Partners Co., Ltd., Davao City branch.
• Complainant before the Supreme Court. - Ashary M. Alauya
• Executive Clerk of Court VI, 4th Judicial Shari’a District, Marawi City.
• Respondent in disciplinary proceedings.
Contractual Relationship and Housing Loan
- Through Alawi’s intermediation, Alauya agreed to purchase a Villarosa housing unit on installment.
- National Home Mortgage Finance Corporation (NHMFC) granted Alauya a housing loan, with monthly salary deductions of ₱4,338.00.
Alauya’s Termination and Repudiation Letters
- December 15, 1995 letter to Villarosa & Co. President:
• Announced “withdrawal” and mutual rescission of the contract.
• Alledged vitiated consent by “gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence” by Alawi. - December 15, 1995 letter to NHMFC Vice-President Arzaga:
• Declared housing loan “void ab initio” for the same grounds.
• Requested cancellation of loan and stoppage of salary deductions. - Follow-up letters dated February 21, April 15, and May 3, 1996 to NHMFC, and January 18, 1996 to Supreme Court finance offices, all reiterating his demand to annul contracts and cease deductions.
- May 1996 NHMFC response: stopped deductions and negotiated buy-back of mortgage and refund of payments.
Sophia Alawi’s Verified Complaint
- Filed January 25, 1996 before the Supreme Court En Banc.
- Attached Alauya’s December 15 envelope marked “Free Postage a PD 26” without stamps.
- Four counts alleged against Alauya:
• Imputation of malicious and libelous charges without solid grounds.
• Causing undue injury and blemishing Alawi’s honor and reputation.
• Unauthorized enjoyment of free postage (“franking privilege”).
• Usurpation of the title “Attorney,” reserved to Philippine Bar members. - Prayer: dismissal of Alauya from service or appropriate disciplinary action.
Respondent’s Preliminary and Subsequent Comments
- Preliminary Comment (April 19, 1996):
• Challenged authority of Asst. Div. Clerk Atty. Marasigan to investigate an Executive Clerk.
• Implied collusion between Alawi and Marasigan’s office.
• Accused Alawi of envy over his rank and lineage. - Request for Complaint Copy (Apr