MANILA, Philippines — The Supreme Court has affirmed the conviction of an individual who illegally assumed the identity of a deceased lawyer.
In a 15-page decision promulgated on August 7, 2024, the Supreme Court found the individual guilty of using a false identity after impersonating a lawyer who had died in 1986.
The Supreme Court's Third Division sentenced the individual who impersonated the deceased lawyer to four months in prison and ordered him to pay a fine of P500.
The case
The National Bureau of Investigation apprehended the man in 2011 while he was appearing in court as "Atty. Epafrodito Nollora," intending to represent a client in the Municipal Trial Court in Taytay, Rizal.
Investigations later revealed that the real Nollora had passed away in 1986.
The Municipal Trial Court found the individual guilty of violating Commonwealth Act No.142, also known as the Anti-Alias Law, which forbids the unauthorized use of an alias.
He was also convicted under Article 178 of the Revised Penal Code for using a fictitious or fake name and Article 177, which penalizes usurpation of authority or impersonating a person in authority.
Both the Regional Trial Court and the Court of Appeals upheld his convictions.
This prompted the individual to file a petition for review for certiorari before the Supreme Court.
Ruling
The high court partially granted the petition of the individual impersonating the deceased lawyer.
Despite the guilty verdict for using a fictitious name, the individual was acquitted of usurpation of authority.
The high court explained that while lawyers are officers of the court, they are not individuals tasked with executing government orders.
“A lawyer is not deemed a person in authority. Obviously, lawyers are not directly rested with jurisdiction either individually or as members of some court or public corporation,” the Supreme Court's decision read.