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    Alawi Vs Alauya

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    elCris
    Sophia Alawi filed an administrative complaint against Ashari Alauya for using the title of "attorney" when he is only a member of the Shari'a bar. The issue is whether Alauya can use the title of attorney. The court ruled that only those who pass the regular Philippine bar can use the title, as the Shari'a bar only allows one to practice in Shari'a courts. While both are considered "counsellors", only those admitted to the Philippine Bar are considered "attorneys". As such, Alauya was reprimanded for improperly using the title.

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    Alawi Vs Alauya

    Uploaded by

    elCris
    133 views1 page
    Sophia Alawi filed an administrative complaint against Ashari Alauya for using the title of "attorney" when he is only a member of the Shari'a bar. The issue is whether Alauya can use the title of attorney. The court ruled that only those who pass the regular Philippine bar can use the title, as the Shari'a bar only allows one to practice in Shari'a courts. While both are considered "counsellors", only those admitted to the Philippine Bar are considered "attorneys". As such, Alauya was reprimanded for improperly using the title.

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    ETHICS

    Original Title

    Alawi vs Alauya

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    Sophia Alawi filed an administrative complaint against Ashari Alauya for using the title of "attorney" when he is only a member of the Shari'a bar. The issue is whether Alauya can use the title of attorney. The court ruled that only those who pass the regular Philippine bar can use the title, as the Shari'a bar only allows one to practice in Shari'a courts. While both are considered "counsellors", only those admitted to the Philippine Bar are considered "attorneys". As such, Alauya was reprimanded for improperly using the title.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    133 views1 page

    Alawi Vs Alauya

    Uploaded by

    elCris
    Sophia Alawi filed an administrative complaint against Ashari Alauya for using the title of "attorney" when he is only a member of the Shari'a bar. The issue is whether Alauya can use the title of attorney. The court ruled that only those who pass the regular Philippine bar can use the title, as the Shari'a bar only allows one to practice in Shari'a courts. While both are considered "counsellors", only those admitted to the Philippine Bar are considered "attorneys". As such, Alauya was reprimanded for improperly using the title.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    SOPHIA ALAWI vs. ASHARY M.

    ALAUYA

    A.M. SDC-97-2-P February 24, 1997

    Facts: Sophia Alawi was a sales representative of E.B. Villarosa & Partners Co., Ltd. of
    Davao City, a real estate and housing company. Ashari M. Alauya is the incumbent
    executive clerk of court of the 4th Judicial Shari’a District in Marawi City, They were
    classmates, and used to be friends.

    Through Alawi’s agency, a contract was executed for the purchase on


    installments by Alauya of one of the housing units of Villarosa. In connection, a housing
    loan was also granted to Alauya by the National Home Mortgage Finance Corporation
    (NHMFC).

    Not long afterwards, Alauya addressed a letter to the President of Villarosa & Co.
    advising of the termination of his contract with the company. He claimed that his consent
    was vitiated because Alawi had resorted to gross misrepresentation, deceit, fraud,
    dishonesty and abuse of confidence. He laso wrote similar letters to the Vice President of
    Villarosa and the Vice President of NHMFC.

    On learning of Alauya’s letters, Alawi filed an administrative complaint against


    him. One of her grounds was Alauya’s usurpation of the title of “attorney,” which only
    regular members of the Philippine Bar may properly use.

    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.

    Issue: Whether Alauya, a member of the Shari’a bar, can use the title of Attorney

    Court Ruling: He can’t. The title is only reserved to those who pass the regular Philippine
    bar.

    As regards Alauya’s use of the title of “Attorney,” this Court has already had
    occasion to declare that persons who pass the Shari’a Bar are not full-fledged members
    of the Philippine Bar, hence may only practice law before Shari’a courts. While one who
    has been admitted to the Shari’a 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 Alauya is Reprimanded.

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