Sie sind auf Seite 1von 2

URSUA v.

COURT OF APPEALS
G.R. No. 154380, 10 April 1996

What is being construed: The purpose or reason of the enactment of C.A. No. 142, as amended
by RA 6085, otherwise known as "An Act to Regulate the Use of Aliases.”

FACTS:

Petitioner Cesario Ursua, was a Community Environment and Natural Resources Officer.
He, along with his co-officers were investigated before the Ombudsman, regarding their
involvement in the illegal cutting of mahogany trees and hauling of illegally-cut logs in the Cotabato
Area. His counsel was Atty. Francis Palmones, who requested the petitioner himself to submit the
letter-quest for the copy of the complaint before the Ombudsman since his law firm’s messenger,
Oscar Perez, was not around. Petitioner Ursua talked to Perez, as he was reluctant to personally
ask for the document since he was one of the respondents on the said complaint before the
Ombudsman. As a response, Perez told the petitioner not to worry as he could just sign “Perez” if
ever he would be required to acknowledge the receipt of the complaint.

Ursua went to the Office of the Ombudsman and signed the name “Oscar Perez” in the
visitor logbook. He also made use of the said name when he acknowledged the receipt of the copy
of complaint from Ms. Loida Kahulugan, Chief of the Administrative Division. When Kahulugan
learned that the person who introduced himself as “Oscar Perez” was actually “Cesario Ursua”, she
reported the matter immediately to the Deputy Ombudsman.

The petitioner was charged with violation of Sec. 1 of C.A. No. 142, as amended by RA
6085, otherwise known as "An Act to Regulate the Use of Aliases.” by the RTC which was further
sustained by the CA. Ursua argued that he did not violate C.A. No. 142, amended by R.A. No.
6085, as he never used any alias name; neither is "Oscar Perez" his alias. An alias, according to
him, is a term which connotes the habitual use of another name by which a person is also known.
He claims that he has never been known as "Oscar Perez" and that he only used such name on
one occasion and it was with the express consent of Oscar Perez himself.

ISSUE:

Whether or not Ursua be charged of violating the R.A. No. 6085, otherwise known as "An
Act to Regulate the Use of Aliases

RULING:

The decision of the Court of Appeals affirming that of Regional Trial Court of Davao City is
REVERSED and SET ASIDE. Petitioner Ursua is ACQUITTED of the crime charged.

An alias is a name or names used by a person or intended to be used by him publicly and
habitually usually in business transactions. The use of the name "Oscar Perez" was made by
petitioner in an isolated transaction where he was not even legally required to expose his real
identity. Even if Ursua used a false name, he would still be entitled to obtain a copy of the complaint
which is part of the public records. There is no evidence showing that he had used or was intending
to use that name as his second name in addition to his real name. Lastly, C.A. No. 142 is a penal
statute, it should be construed strictly against the State and in favor of the accused. As C.A. No.
142 is a penal statute, it should be construed strictly against the State and in favor of the accused.

Supreme Court further stated that statutes are to be construed in the light of the purposes
to be achieved and the evils sought to be remedied. Thus, in construing a statute the reason for its
enactment should be kept in mind and the statute should be construed with reference to the
intended scope and purpose. The court may consider the spirit and reason of the statute, where a

1
literal meaning would lead to absurdity, contradiction, injustice, or would defeat the clear purpose
of the lawmakers.

The enactment of C.A. No. 142 as amended was made primarily to curb the common
practice among the Chinese of adopting scores of different names and aliases which created
tremendous confusion in the field of trade. In this case, the petitioner has not shown satisfactory
proper and reasonable grounds under the provisions of Commonwealth Act No. 142 and the Rules
of Court, to warrant the grant of his petition for the use of an alias name.

Das könnte Ihnen auch gefallen