SOPHIA ALAWI v. ASHARY M. ALAUYA A.M. SDC-97-2-P, 24 February 1997, Third Division, (Narvasa, C.J.

) Alawi, a sales representative of E.B.Villarosa Partners Co., Ltd. of Davao City executed a contract for the purchase on instalments of one of the housing units of the firm to Alauya. A housing loan was also granted to Alauya. However, Alauya sent a letter to the President and Vice President of the Villarosa & Co. that he is terminating the contract with the company. He alleges that the contract was entered with his consent vitiated by gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence by the aforesaid sales agent. Also, he sent a letter to the National Home Mortgage Finance Corporation (NHMFC) for the cancellation of his loan due to the void contract. He also wrote to Ms. Corazon M. Ordoez, Head of the Fiscal Management & Budget Office, and to the Chief, Finance Division of the Supreme Court to stop deducting his salary for the payment of the loan. Alawi filed a complaint against Alauya for the malicious and libellous accusations couched on injurious language and for the use of the title Attorney by Alauya. ISSUE: Is Alauya liable for the malicious, libellous and injurious language he stated against Alawi?

RULING: YES, because, as an officer of court, he is required to respect and observe the rights of other people even if he had been caused injury by such person. More than once has this Court emphasized that "the 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." 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, or otherwise stated, that he "act with justice, give everyone his due, and observe honesty and good faith. Righteous indignation, or vindication of right cannot justify resort to vituperative language, or downright name-calling. As a member of the Sharia 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. 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. As regards Alauyas use of the title of "Attorney," this Court has already had occasion to declare that persons who pass the Sharia Bar are not full-fledged members of the Philippine Bar, hence may only practice law before Sharia courts. While one who has been admitted to the Sharia Bar, and one who has been admitted to the Philippine Bar, may both be considered "counsellors," in the sense that they give counsel or advice in a professional capacity, only the latter is an "attorney." 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; and it is they only who are authorized to practice law in this jurisdiction. WHEREFORE, respondent Ashari M. Alauya is hereby REPRIMANDED for the use of excessively intemperate, insulting or virulent language, i.e., language unbecoming a judicial officer, and for usurping the title of attorney; and he is warned that any similar or other impropriety or misconduct in the future will be dealt with more severely.