ASG Law

Tag: Identity Theft

  • Navigating Identity Theft and Legal Representation: Understanding Alias Use and Usurpation in the Philippines

    When Is Using an Alias a Crime? Philippine Law on Fictitious Names and Legal Representation

    G.R. No. 263676, August 07, 2024

    Imagine hiring a lawyer, confident in their credentials, only to discover they’re using someone else’s identity. This scenario, while alarming, highlights a critical area of Philippine law concerning the use of aliases, fictitious names, and the unauthorized assumption of professional roles. This case clarifies the boundaries of permissible name usage and the consequences of misrepresenting oneself as a legal professional.

    This case delves into the complexities of identity, representation, and the boundaries of legal practice. It examines the conviction of Pedro Pequero, who used the alias “Atty. Epafrodito Nollora,” for multiple offenses related to the unauthorized practice of law.

    Legal Context: Understanding the Laws at Play

    Several key laws are central to this case, each designed to protect the integrity of personal identity and professional practice.

    • Commonwealth Act No. 142 (as amended by Republic Act No. 6085): This law regulates the use of aliases. Section 1 states that no person shall use any name different from the one with which he was registered at birth, with limited exceptions like pseudonyms for literary or entertainment purposes.

    Quote: “Section 1. Except as a pseudonym solely for literary, cinema, television, radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice, no person shall use any name different from the one with which he was registered at birth…”

    • Revised Penal Code, Article 178: This article penalizes the use of fictitious names. Originally, it prescribed a penalty of *prision correccional* for using a fictitious name to conceal a crime, evade judgment, or cause damage. Amended by Republic Act No. 10951, the penalty is now *arresto mayor* and a fine not exceeding PHP 100,000.

    Quote: “Article 178. Using fictitious name and concealing true name. – The penalty of arresto mayor and a fine not to exceed One hundred thousand pesos ([PHP] 100,000.00) shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage.”

    • Revised Penal Code, Article 177: This article addresses the usurpation of authority or official functions, penalizing those who falsely represent themselves as government officers or perform acts pertaining to public office without legal authority.

    Example: If someone pretends to be a police officer and conducts a traffic stop, they could be charged with usurpation of authority.

    Case Breakdown: The Story of Pedro Pequero

    The case revolves around Pedro Pequero, who presented himself as “Atty. Epafrodito Nollora.” Here’s a timeline of the key events:

    • 2005: Ponciano Banjao met Pedro, who claimed to be a lawyer and the brother of a security guard.
    • June 22, 2011: Banjao filed a complaint with the National Bureau of Investigation (NBI), alleging that Pedro was falsely representing himself as a lawyer.
    • October 14, 2011: An NBI entrapment operation caught Pedro representing a client as Atty. Epafrodito Nollora at the Municipal Trial Court (MTC) of Binangonan, Rizal.
    • 2016: Pedro was arraigned and pleaded not guilty to charges of using an illegal alias, using a fictitious name, and usurpation of authority.
    • April 26, 2019: The MTC found Pedro guilty of all charges.
    • October 17, 2019: The Regional Trial Court (RTC) affirmed the MTC’s decision.
    • March 23, 2022: The Court of Appeals (CA) dismissed Pedro’s Petition for Review and affirmed the RTC’s Decision.
    • August 7, 2024: The Supreme Court partially granted Pedro’s Petition, affirming his conviction for use of illegal alias and use of fictitious name, but acquitting him of usurpation of authority.

    The Supreme Court emphasized that Pedro’s registered name was Pedro Pequero y Nollora, not Atty. Epafrodito Nollora. The Court also noted that the real Atty. Epafrodito Nollora had already passed away. Key pieces of evidence included notarized documents and pleadings signed by Pedro as Atty. Epafrodito Nollora.

    Quote: “Pedro’s alleged alias, ‘Atty. Epafrodito Nollora,’ was used not for literary, cinema, television, radio, or entertainment purposes and in athletic events but to represent himself as a lawyer to the prejudice of the believing public. Pedro, likewise, had no authority to use the alias.”

    Quote: “By using the name and assuming the identity of the deceased, Pedro was successful in using a fictitious name which caused damage to the public, especially his paying clients who believed that they were being represented by a true and genuine lawyer.”

    Practical Implications: What Does This Ruling Mean for You?

    This case serves as a stern warning against misrepresentation and identity theft, particularly within the legal profession. It underscores the importance of verifying the credentials of legal representatives and the serious consequences of falsely claiming to be an attorney.

    The Supreme Court clarified that while Pedro was guilty of using an illegal alias and a fictitious name, he could not be convicted of usurpation of official functions because a lawyer, under Article 177 of the Revised Penal Code, is not deemed a person in authority.

    Key Lessons:

    • Verify Credentials: Always verify the credentials of any professional you hire, especially lawyers. Check their bar number and standing with the Integrated Bar of the Philippines.
    • Avoid Misrepresentation: Never use an alias or fictitious name for deceptive purposes, particularly in legal or official contexts.
    • Understand Legal Authority: Be aware of the specific legal definitions of “persons in authority” and “agents of persons in authority” to avoid inadvertently violating the law.

    Frequently Asked Questions (FAQs)

    Q: What is an illegal alias in the Philippines?

    A: An illegal alias is any name used different from your registered birth name, without proper legal authorization or justification (e.g., for literary purposes). Using it for deceptive purposes is a crime.

    Q: What are the penalties for using a fictitious name?

    A: Under Republic Act No. 10951, the penalty is *arresto mayor* (imprisonment of one month and one day to six months) and a fine not exceeding PHP 100,000.

    Q: Is it illegal to use a pen name for writing?

    A: No, Commonwealth Act No. 142 allows the use of pseudonyms for literary, cinema, television, radio, or other entertainment purposes.

    Q: What is usurpation of authority?

    A: Usurpation of authority involves falsely representing oneself as a government officer or agent.

    Q: Are lawyers considered “persons in authority” under the Revised Penal Code?

    A: For purposes of direct assault or resistance to authority (Articles 148 and 151), lawyers performing their duties are considered persons in authority. However, for usurpation of official functions (Article 177), they are not.

    Q: What should I do if I suspect someone is falsely representing themselves as a lawyer?

    A: Report your suspicions to the National Bureau of Investigation (NBI) or the Integrated Bar of the Philippines (IBP) for investigation.

    ASG Law specializes in Criminal Law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Identity Theft in the Legal Profession: Striking a Fraudulent Attorney from the Roll

    The Supreme Court, in this case, affirmed the disbarment of a lawyer who fraudulently used his brother’s identity to gain admission to the bar. The Court emphasized that the legal profession demands the highest standards of honesty and moral character, and assuming another person’s identity to practice law constitutes a grave breach of these standards. This decision serves as a stern warning against identity theft and misrepresentation within the legal profession, protecting the integrity of the bar and ensuring that only those who meet the stringent requirements of moral fitness are allowed to practice law.

    When One Brother’s Deceit Casts a Shadow on the Legal Profession

    The case of Patrick A. Caronan v. Richard A. Caronan revolves around a shocking act of identity theft within a family. Richard A. Caronan, the respondent, assumed the identity of his brother, Patrick A. Caronan, the complainant, to enroll in law school and take the Bar Examinations. This elaborate scheme allowed Richard to practice law under his brother’s name, leading to a series of legal and ethical violations. The central legal question is whether Richard’s actions warrant disbarment and being stricken off the Roll of Attorneys, thus preventing him from further misrepresenting himself as a qualified member of the legal profession.

    The complainant, Patrick A. Caronan, presented substantial evidence to prove that his brother, Richard A. Caronan, had been using his name and academic records without his consent. He testified that his mother informed him that Richard had used his name and college records from the University of Makati to enroll at St. Mary’s University’s College of Law and to take the Bar Examinations. This was further confirmed when Patrick saw a Certificate of Admission to the Bar with his name on it displayed at Richard’s office. The documentary evidence included Patrick’s transcript of records from the University of Makati, his high school yearbook, and NBI clearances, all bearing his name and photograph. These pieces of evidence collectively established that Patrick A. Caronan was the rightful owner of the identity Richard had been fraudulently using.

    The respondent, Richard A. Caronan, attempted to defend himself by invoking res judicata, arguing that his identity had already been resolved in a previous case, CBD Case No. 09-2362, where the IBP Board of Governors dismissed an administrative case filed against him by Mr. Joseph G. Agtarap. However, the Court found that the issue of identity in the previous case was different from the current one. The previous case involved allegations of misconduct and dishonesty, while the present case specifically addressed the issue of identity theft and misrepresentation to gain admission to the Bar. Therefore, the principle of res judicata did not apply.

    The Supreme Court emphasized the critical importance of good moral character in the legal profession, quoting In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar Examinations and for Disciplinary Action as Member of the Philippine Shari’a Bar, Atty. Froilan R. Melendrez:

    Good moral character is what a person really is, as distinguished from good reputation or from the opinion generally entertained of him, the estimate in which he is held by the public in the place where he is known. Moral character is not a subjective term but one which corresponds to objective reality. The standard of personal and professional integrity is not satisfied by such conduct as it merely enables a person to escape the penalty of criminal law. Good moral character includes at least common honesty.

    The Court found that Richard’s actions demonstrated a profound lack of honesty and moral fitness required of a lawyer. His deceitful conduct not only undermined the integrity of the legal profession but also caused significant harm to his brother, Patrick, who faced personal and professional difficulties as a result. By assuming his brother’s identity, Richard tarnished the image of lawyers and made a mockery of the legal profession. The court also referenced Section 6, Rule 138 of the Rules of Court, which states the requirement to satisfactorily complete a pre-law degree before taking the bar exam:

    Section 6. Pre-Law. – No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that, before he began the study of law, he had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor’s degree in arts or sciences with any of the following subject as major or field of concentration: political science, logic, english, Spanish, history, and economics.

    Since Richard A. Caronan did not complete a bachelor’s degree, as he only enrolled in Pamantasan ng Lungsod ng Maynila (PLM) for a year and was discharged from Philippine Military Academy (PMA) in 1993 without graduating, he did not meet the pre-law requirements to even qualify to take the Bar exams.

    The Court noted that while Richard might eventually complete his education and earn a law degree under his real name, his prior actions of fraud and misrepresentation disqualified him from ever being admitted to the Bar. The practice of law is a privilege, not a right, and is reserved for those who demonstrate the utmost integrity and moral character.

    The Supreme Court’s decision underscores the stringent requirements for admission to the legal profession and the grave consequences of engaging in fraudulent activities. By ordering Richard A. Caronan’s name to be stricken off the Roll of Attorneys and barring him from future admission to the Bar, the Court reaffirmed its commitment to upholding the integrity and dignity of the legal profession.

    FAQs

    What was the key issue in this case? The key issue was whether Richard A. Caronan’s act of assuming his brother’s identity to gain admission to the Bar warranted disbarment and being stricken off the Roll of Attorneys.
    What evidence did Patrick A. Caronan present to prove his case? Patrick presented his transcript of records from the University of Makati, his high school yearbook, and NBI clearances, all bearing his name and photograph, to prove that he was the rightful owner of the identity Richard had fraudulently used.
    How did Richard A. Caronan attempt to defend himself? Richard invoked res judicata, arguing that his identity had already been resolved in a previous case. However, the Court found that the issue of identity in the previous case was different from the current one.
    What did the Supreme Court emphasize regarding moral character? The Supreme Court emphasized the critical importance of good moral character in the legal profession, stating that it includes at least common honesty.
    What was the basis for the Court’s decision to strike Richard A. Caronan off the Roll of Attorneys? The Court based its decision on Richard’s lack of honesty and moral fitness, as demonstrated by his fraudulent assumption of his brother’s identity to gain admission to the Bar.
    What specific actions did the Court order in this case? The Court ordered that the name “Patrick A. Caronan” with Roll of Attorneys No. 49069 be dropped and stricken off the Roll of Attorneys, and that Richard A. Caronan be barred from being admitted as a member of the Philippine Bar in the future.
    Can Richard A. Caronan ever be admitted to the Bar? The Court stated that while Richard might eventually complete his education and earn a law degree under his real name, his prior actions of fraud and misrepresentation disqualified him from ever being admitted to the Bar.
    What is the significance of this decision for the legal profession? This decision underscores the stringent requirements for admission to the legal profession and the grave consequences of engaging in fraudulent activities, reaffirming the Court’s commitment to upholding the integrity and dignity of the legal profession.

    In conclusion, the Supreme Court’s ruling in this case serves as a powerful deterrent against identity theft and misrepresentation within the legal profession. It reinforces the principle that the practice of law is a privilege reserved for those who demonstrate the highest standards of honesty and moral character.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: PATRICK A. CARONAN vs. RICHARD A. CARONAN, A.C. No. 11316, July 12, 2016