G.R. No. 263676 , August 07, 2024
PEDRO PEQUERO Y NOLLORA, ALIAS ATTY. EPAFRODITO NOLLORA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner Pedro Pequero y Nollora was charged with three crimes: (1) use of illegal alias under Commonwealth Act No. 142 , as amended; (2) use of a fictitious name under Article 178 of the Revised Penal Code (RPC); and (3) usurpation of authority or official functions under Article 177 of the RPC. The charges stemmed from an incident on October 14, 2011, in Binangonan, Rizal, where he allegedly represented himself as “Atty. Epafrodito Nollora” and acted as legal counsel during a trial at the Municipal Trial Court (MTC). The National Bureau of Investigation (NBI) conducted an entrapment operation based on a complaint from Ponciano Banjao, who reported that Pedro had been falsely representing himself as a lawyer. During the operation, Pedro was apprehended at the MTC. The prosecution presented evidence, including a Joint Affidavit of Arrest, showing that Pedro used an alias different from his registered birth name, “Pedro Pequero y Nollora.” Pedro denied the charges, claiming he was actually “Atty. Epafrodito Nollora” and that a deceased relative with a similar name had misused his identity. He also alleged he was at the Municipal Assessor’s Office, not in court, on the day of his arrest. The MTC convicted Pedro on all charges, a decision affirmed by the Regional Trial Court (RTC) and the Court of Appeals (CA). Pedro filed a Petition for Review on Certiorari before the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming petitioner Pedro Pequero y Nollora’s conviction for the crimes of use of illegal alias, use of a fictitious name, and usurpation of authority or official functions.

RULING

The Supreme Court DENIED the petition and AFFIRMED the CA Decision with MODIFICATIONS to the penalties imposed. The Court held that all elements of the crimes charged were proven beyond reasonable doubt.
1. For Use of Illegal Alias (Violation of Commonwealth Act No. 142 ): The Court found that Pedro admitted his real name is Pedro Pequero y Nollora but publicly used “Atty. Epafrodito Nollora.” He failed to prove that his use of this alias fell under any statutory exception (e.g., for literary, entertainment, or athletic purposes, or by court authority). Thus, his conviction was proper.
2. For Use of a Fictitious Name (Article 178, RPC): The Court ruled that Pedro publicly used “Atty. Epafrodito Nollora,” a name other than his real name, with the intent to usurp authority (to act as a lawyer) and cause damage to public interest. His defense that he was the real Epafrodito Nollora was unsubstantiated and contradicted by evidence, including his own admission in pleadings.
3. For Usurpation of Authority (Article 177, RPC): The Court found that Pedro knowingly and falsely represented himself as a lawyer (“Atty. Epafrodito Nollora”) and performed acts pertaining to that authority (appearing in court as counsel) without being lawfully entitled to do so. A lawyer is considered a person in authority, and Pedro’s actions constituted usurpation.
Regarding penalties, the Court applied Republic Act No. 10951 , which adjusted fines under the RPC retroactively if favorable to the accused. For the crime of usurpation of authority, the indeterminate penalty was adjusted to a fine ranging from ₱40,000 to ₱200,000, in lieu of imprisonment, as the offense was committed without intent to gain or cause damage. The fines for the other convictions were also adjusted accordingly. The Court modified the penalties as follows:
– For illegal alias: imprisonment of 5 years and a fine of ₱10,000.
– For use of a fictitious name: a fine of ₱5,000.
– For usurpation of authority: a fine of ₱40,000.