G.R. No. 263676 - Pequero vs. Nollora

Pedro Pequero y Nollora, alias "Atty. Epafrodito Nollora" was charged in three Informations with: (a) use of illegal alias in violation of Section 1, in relation to Section 5, of Commonwealth Act No. 142, as amended by Republic Act No. 6085 (Criminal Case No. 11-252); (b) use of fictitious name under Article 178, paragraph 1, of the Revised Penal Code (Criminal Case No. 11-253); and (c) usurpation of authority or official functions under Article 177 of the Revised Penal Code (Criminal Case No. 11-254).
The accusatory portions alleged that on or about October 14, 2011, in Binangonan, Rizal, Pedro willfully and knowingly publicly used the name "Atty. Epafrodito Nollora," different from his registered birth name, and represented himself as a lawyer to the prejudice of the public.

Complainant Ponciano Banjao reported to the NBI that Pedro publicly represented himself as a lawyer and was expected to appear before the MTC of Binangonan on October 14, 2011.
An NBI entrapment operation was conducted on October 14, 2011, during which Pedro was apprehended at the MTC when he appeared as "Atty. Epafrodito Nollora" and was admonished by the presiding judge for usurpation of authority.
The prosecution offered documents signed by Pedro as "Atty. Epafrodito Nollora" including: notarized Plaridel Bail Bond No. 59270; notarized Waiver of Appearance; notarized Commitment to Renew Bail Bond; notarized Undertaking; and a Certificate of Detention of Pedro Pequero dated October 21, 2011.
The prosecution presented several pleadings filed at the MTC signed as "Atty. Epafrodito Nollora": motion for postponement (February 24, 2012); reply to opposition to motion for reinvestigation ([April 2, 2012]); motion to quash ([August 18, 2012]); manifestation and motion ([June 19, 2013]); motion for reconsideration (June 19, 2013); and supplemental manifestation and motion ([October 29, 2013]).
Certification from the Office of the Bar Confidant established that only one Epafrodito Nollora was admitted to the Philippine Bar and that he died on May 19, 1986.

Pedro denied the charges and claimed his true name was Atty. Epafrodito Nollora (without middle name).
He asserted he was a real lawyer and that a deceased relative, Epafrodito Nollora y Ariem, had previously used that identity; he said he was wrongly identified as Pedro Pequero y Nollora.
Pedro averred that on the date of his arrest he was at the Municipal Assessor’s Office to pay taxes and not attending a hearing.

On April 26, 2019 the MTC rendered a Joint Decision convicting Pedro of all three offenses.
Decrees imposed by the MTC: (a) Criminal Case No. 11-252 — guilty of violation of Sec. 1, in rel. to Sec. 5, of Commonwealth Act No. 142, sentenced to five years imprisonment and fined PHP 10,000 with subsidiary imprisonment for nonpayment; (b) Criminal Case No. 11-253 — guilty of use of fictitious name (Art. 178, 1st par., Revised Penal Code), sentenced to four months of arresto mayor and fined PHP 500 with subsidiary imprisonment for nonpayment; (c) Criminal Case No. 11-254 — guilty of usurpation of authority or official functions (Art. 177, Revised Penal Code), sentenced to indeterminate penalty of four months arresto mayor as minimum to two years and eleven months prision correccional as maximum, and to...(Subscriber-Only)

Whether the Court of Appeals gravely erred in affirming the Regional Trial Court Decision which affirmed the Municipal Trial Court Joint Decision convicting Pedro of: (a) use of illegal alias in violation of Section 1, in relation to Section 5, of Commonwealth Act No. 142; (b) use of fictitious name under Article 178, paragraph 1, of the Revised Penal Code; and (c) usurpation of authority or official functions under Article 177 of the Revised Penal Code.

Whether factual findings concerning Pedro’s identity and use of the name "Atty. Epafrodito Nollora" warranted reconsideration under Rule 45.
Whether the elements of the crimes charged were sufficiently established by evidence on record.
Whether a lawyer qualifies as a "p...(Subscriber-Only)