Dear Atty. Kathy,

Our family hired a lawyer, L, for our land dispute case against a distant relative. After our first meeting to discuss strategy about the case, we received an anonymous message saying that L is not a real lawyer. When we confronted L, he said he is just waiting to sign the roll of attorneys and he is using the name of his brother-lawyer as an alias only. Can L really use such alias?

    Kim

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Dear Kim,

Section 1 of Commonwealth Act No. 142, as amended by Republic Act 6085 as amended reads:

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 in the office of the local civil registry, or with which he was baptized for the first time, or, in case of an alien, with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court: Provided, That persons, whose births have not been registered in any local civil registry and who have not been baptized, have one year from the approval of this act within which to register their names in the civil registry of their residence. The name shall comprise the patronymic name and one or two surnames.

Based solely on your narration, L claims he is only using his brother’s name as an alias. It does not appear, however, that L used the alias for literary, cinema, television, radio, or entertainment purposes and in athletic events, but to represent himself as a lawyer, to the prejudice not only of your family but also of the public.

Thus, according to Commonwealth Act No. 142, as amended by Republic Act 6085, L may be held liable for use of illegal alias, which is punishable with imprisonment from one year to five years, and a fine of P5,000 to P10,000.

(Pedro Pequero y Nollora alias Atty. Epafrodito Nollora versus People of the Philippines, G.R. No. 263676, 7 August 2024)

Atty. Kathy Larios