Title
Pequero vs. Nollora
Case
G.R. No. 263676
Decision Date
Aug 7, 2024
Pedro Pequero was convicted for using an illegal alias, a fictitious name, and for usurpation of authority. The Supreme Court upheld his conviction for the use of alias and fictitious name but acquitted him of usurpation.
alias
fictitious name
usurpation of authority
A

Case Summary (G.R. No. 263676)

Factual Background

The prosecution alleged that petitioner publicly used the name and title "Atty. Epafrodito Nollora," represented himself as counsel for clients in trial courts, signed pleadings as such, and thereby usurped the identity and functions of a lawyer. A complainant, Ponciano Banjao, reported that petitioner had been representing himself as a lawyer and informed the NBI that petitioner would again appear before a Municipal Trial Court in Binangonan on October 14, 2011, prompting an entrapment operation during which petitioner was apprehended. The prosecution offered multiple notarized bail bonds, waivers, undertakings, and pleadings signed by petitioner as "Atty. Epafrodito Nollora," and presented a certification from the Office of the Bar Confidant showing that the real Epafrodito Nollora was admitted to the Bar and died on May 19, 1986. Petitioner denied the charges, insisted that his true name was Atty. Epafrodito Nollora, claimed wrongful identification as Pedro Pequero y Nollora, and asserted that on the date of arrest he was at the Municipal Assessor’s Office to pay taxes.

Charges and Trial Court Proceedings

Petitioner was charged in three separate informations with: (1) use of illegal alias in violation of Section 1, in relation to Section 5, of Commonwealth Act No. 142; (2) use of fictitious name under Article 178, paragraph 1, Revised Penal Code; and (3) usurpation of authority or official functions under Article 177, Revised Penal Code. Petitioner pleaded not guilty upon arraignment and underwent joint pretrial and trial. The MTC rendered a Joint Decision dated April 26, 2019, convicting petitioner on all three counts. The MTC found that petitioner admitted his registered name at birth was Pedro Pequero y Nollora, that he used the name "Atty. Epafrodito Nollora" without legal authority and not as a permissible pseudonym, that his public representation as a lawyer caused damage to the public and clients, and that by assuming the identity and functions of a lawyer he usurped authority.

Sentences Imposed at Trial

The MTC sentenced petitioner to five years imprisonment and a fine of Ten Thousand Pesos for the illegal alias conviction; to four months of arresto mayor and a fine of Five Hundred Pesos for use of fictitious name; and to an indeterminate penalty of four months of arresto mayor as minimum to two years and eleven months of prision correccional as maximum, plus costs, for usurpation of authority or official functions. The MTC also ordered the transmission of the decision to various government offices for appropriate action.

Appellate History

Petitioner appealed to the RTC, which in a Decision dated October 17, 2019 affirmed the MTC in toto and dismissed the appeal for utter lack of merit. Thereafter, petitioner filed a Petition for Review under Rule 122 with the Court of Appeals. The CA, in its Decision dated March 23, 2022, and in a Resolution dated September 19, 2022 denying reconsideration, dismissed the petition and affirmed the RTC. The CA emphasized documentary evidence of petitioner’s use of the alias, the absence of proof of authority to use the alias, petitioner’s public use of the name of a deceased lawyer, and his representation and signing as an attorney. Petitioner then filed a Petition for Review on Certiorari under Rule 45, Rules of Court before the Supreme Court.

Issues Presented

The core issue presented to the Supreme Court was whether the CA gravely erred in affirming the RTC Decision that in turn affirmed the MTC’s convictions for the three crimes charged. Intertwined with that question were factual disputes concerning petitioner’s true identity and legal questions regarding the proper application of Commonwealth Act No. 142, Article 178 as amended by Republic Act No. 10951, and the applicability of Article 177 to conduct involving a person representing himself as a lawyer. The Court also considered whether Rule 45 permitted reexamination of the factual findings of the lower courts.

Parties’ Contentions

Petitioner contended that he was truly Atty. Epafrodito Nollora, that he had been wrongly identified as Pedro Pequero y Nollora, and that he was a lawyer entitled to use that name; he further claimed absence from the MTC on the day of the entrapment because he was at the Municipal Assessor’s Office. The prosecution maintained that petitioner repeatedly and publicly used the name "Atty. Epafrodito Nollora," represented clients in court, executed and filed documents under that name, and that the real Epafrodito Nollora was deceased, thus establishing unlawful use of an alias and a fictitious name designed to cause damage and, by representing himself as counsel, to usurp authority or official functions.

Supreme Court’s Disposition

The Supreme Court granted the petition in part and modified the judgments below. The Court affirmed petitioner’s conviction for use of illegal alias under Commonwealth Act No. 142, as amended by Republic Act No. 6085, and affirmed his conviction for use of fictitious name under Article 178, Revised Penal Code, but modified the penalty in the latter count consistent with Republic Act No. 10951. The Court reversed and acquitted petitioner of usurpation of authority or official functions under Article 177, Revised Penal Code.

Legal Reasoning on Reviewability of Facts

The Court explained at the outset that the core contest was factual—petitioner’s identity—and reiterated the settled rule that under Rule 45, Rules of Court the Supreme Court’s jurisdiction was limited to questions of law and that it was not a trier of facts. The Court observed that no recognized exception permitting factual reappraisal was shown. Consequently, the Court accepted the factual findings of the MTC, RTC, and CA that petitioner’s registered name at birth was Pedro Pequero y Nollora, that he publicly used the alias "Atty. Epafrodito Nollora," that he filed and signed pleadings under that alias, that he was apprehended during an NBI entrapment operation on October 14, 2011, and that the Office of the Bar Confidant certified the real Epafrodito Nollora as deceased.

Application of Commonwealth Act No. 142 and Article 178

Applying Section 1 of Commonwealth Act No. 142, the Court found that petitioner used an alias other than his registered birth name for purposes other than the limited exceptions enumerated by the statute and without authority from a competent court; accordingly, his conviction for use of illegal alias was proper. The Court also found that petitioner publicly used the name of a deceased lawyer and thereby used a fictitious name that caused damage to the public and clients, satisfying the first paragraph of Article 178, Revised Penal Code. The Court corrected the penalty imposed under Article 178 by applying Republic Act No. 10951, which reduced the penalty for publicly using a fictitious name to arresto mayor, and held that the amendment applied retroactively under Section 100 of RA 10951 because it was favorable to the accused.

Analysis and Reversal on Article 177

The Court examined Article 177, Revised Penal Code, which punishes either the false representation of being an officer, agent, or representative of a government department or the performance, under pretense of official position, of acts pertaining to a person in authority. The Court explained that to sustain a conviction for usurpation of offic

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