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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Supreme Court held that to be convicted of the crime of usurpation of official functions, the following elements must concur:
- The offender may be a private person or public officer.
- The offender performs any act pertaining to any person in authority or public officer of the Philippine government, any of its agencies, or of a foreign government.
- The offender performs the act under pretense of official function.
- The offender performs the act without being legally entitled to do so.
Facts:
Pedro Pequero y Nollora (Pedro), alias “Atty. Epafrodito Nollora” was charged for the allegedly committing the crimes of:
(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 of the Revised Penal Code; and
(3) usurpation of authority or official functions under Article 177 of the Revised Penal Code.
He was charged with the aforesaid crimes for publicly using a fictitious name, that is the name of Atty. Epafrodito Nollora, who is already dead. He also represented himself as a lawyer, signed pleadings as a lawyer, when in truth and fact, he is not.
The MTC, RTC, and CA decided that Pedro is guilty of the crimes charged.
Issue: Whether or not Pedro is guilty of the crimes charged.
The Supreme Court’s Decision:
Pedro is guilty of the use of illegal alias under Commonwealth Act No. 142, as amended by Republic Act No. 6085, and the use of fictitious name to cause damage under Article 178, as amended by RA No. 10951.
However, the Court ruled that Pedro is not guilty of the crime of usurpation of authority or official functions under Article 177 of the Revised Penal Code.
To be convicted of the crime of usurpation of official functions, the following elements must concur:
- The offender may be a private person or public officer.
- The offender performs any act pertaining to any person in authority or public officer of the Philippine government, any of its agencies, or of a foreign government.
- The offender performs the act under pretense of official function.
- The offender performs the act without being legally entitled to do so.
In the present case, the second element was not present. A lawyer is not deemed a person in authority for purposes of Article 177, in relation to Article 152 of the RPC. They are so only for purposes of Articles 148 (Direct Assault upon a Person in Authority), and 151 (Resistance and Disobedience to a Person in Authority or the Agents of Such Person) of the Revised Penal Code.
Source:
Pedro Pequero y Nollora vs. People of the Philippines
G.R. No. 263676 | August 07, 2024
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