Alauya vs, Sophia Alawi
Facts:
Ashary
Alauya transacted with Sophia Alawi to avail of a contract for the purchase of
one housing unit from EB Villarosa & Partner Co. Ltd., a real estate and
housing company. Thereafter Alauya wrote to the company expressing his intent
to render the contract void ab initio. Several
correspondences ensued, all of which were signed by Alauya as ATTY. ASHARY M.
ALAUYA. Alauya is a member of the Sharia Bar and for that matter he is a
counselor-at-law. Alauya claims that he does not use the title of
counselor-at-law for fear of being mistaken as a local legislator, i.e.
councilor. Hence, he affixed the title of attorney before his name.
Alawi filed
complaint against Alauya, alleging, that Alawi usurped the title of an attorney
which is reserved only for the members of the Philippine Bar.
Issue:
Whether or
not Alauya's membership in the Sharia Bar endows him the title of an attorney
Held:
No. Alauya
is hereby reprimanded for usurping the title of an attorney reserved for those
who, having obtained the necessary degree in the study of law and had
successfully passed the bar examinations, have been admitted to the Integrated
Bar of the Philippines and remain members thereof in good standing.
Persons who
passed the Sharia Bar are not full-fledged members of the Bar and may only
practice law before a Sharia Court, Alauya's disinclination to use the title of
counselor-at-law does not warrant his use of the title of an attorney.
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