
SC affirms conviction of man who took identity of dead lawyer
THE Supreme Court (SC) affirmed the conviction of a man who pretended to be a lawyer by using the identity of a deceased attorney.
In a decision penned by Associate Justice Samuel H. Gaerlan, the SC’s Third Division found Pedro Nollora Pequero (Pequero) guilty of the crimes of use of illegal alias and use of fictitious name.
In 2011, the National Bureau of Investigation (NBI) launched an entrapment operation after receiving a complaint that Pequero was pretending to be a lawyer by signing pleadings and appearing before courts using the name “Atty. Epafrodito Nollora.”
The NBI caught Pequero while appearing as a lawyer before the Binangonan Municipal Trial Court (MTC).
The MTC convicted Pequero for violating Commonwealth Act No. 142 or the Anti-Alias Law, which prohibits the unauthorized use of an alias.
Pequero was also convicted for violating Article 178 of the Revised Penal Code (RPC), which prohibits using a fictitious or fake name, and Article 177, which prohibits usurpation of authority or pretending to be a person in authority.
The Regional Trial Court and the Court of Appeals affirmed his convictions.
The Supreme Court upheld Pequero’s convictions for the use of an illegal alias and the use of a fictitious name but acquitted him of the crime of usurpation of authority.
Section 1 of the Anti-Alias Law prohibits using a name other than your birth name, except for specific purposes like stage names, screen names, pen names, and the like for literary, cinema, television, radio, or entertainment purposes and in athletic events.
Pequero’s registered name at birth is Pedro Nollora Pequero, but he presented himself to clients as “Atty. Epafrodito Nollora.”
He used this name to sign legal documents and appear in court. The use of this alias was not for entertainment or literary purposes, nor did he have any authority to use it.
On the other hand, Article 178 of the RPC punishes persons who publicly use a fictitious name to cause damage.
Office of the Bar Confidant records show that there is only one Atty. Epafrodito Nollora, who died on May 19, 1986.
Thus, although “Atty. Epafrodito Nollora” is a real name, it is considered a fictitious name because Atty. Nollora had long been dead.
Pequero caused significant harm to the public, particularly his clients, by impersonating Atty. Nollora.
Finally, Article 177 of the RPC punishes anyone pretending to be an officer, agent, or representative of the government, whether of the
Philippines or a foreign country.
To be guilty of this crime, the person must, without authority, perform an act that is legally assigned to someone in a position of authority.
The SC clarified that a lawyer is not considered a person in authority under Article 177 of the RPC.
While lawyers are officers of the court, they are not agents tasked with executing government orders.
Thus, Pequero did not commit the crime of usurpation of authority under Article 177 of the RPC.