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Attorneys of the Philippines Legal News

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When Do Aliases Violate The Law?

Pseudonyms or also referred to as aliases can be a form of violation of Philippine law when a person uses it with malicious intent such as intentionally concealing your true name. Many officials have been indicted for various criminal charges and when brought to court, these aliases serve as a ticking time bomb. While the accused party is subject to a series of scrutiny, examining evidences as though prosecutors are peering at a specimen under a microscope, makes aliases visible to their keen eyes.

Bank accounts that have been kept in the dark, safe from the eyes of the Philippine justice are discovered in the process of presenting relevant evidences which can either acquit or convict a defendant in a criminal court. When do aliases become a clear violation of the law? According to Anti-Money Laundering Act (AMLA), which took effect in 2001, the use of fictitious bank accounts have been banned by Bangko Central's Circular No. 251.The Circular does not allow banks to open accounts using a fictitious name. Aside from opening a bank account using a different name, there are other instances that violate the Commonwealth Act No. 142 and other relevant laws on using aliases. 

The Commonwealth Act No. 142 (An Act To Regulate The Use Of Aliases), prohibits the use of aliases except for the following conditions:

  • The alias is used for literary, cinema, television or other entertainment purposes;
  • The alias is used solely for those purposes;
  • The use of alias is based on normally accepted practice.

For instance, if an actor uses an alias or pseudonym for cinema, he is not allowed to use the screen name for other purposes. If the actor is going to run for public office, the use of screen name is prohibited unless a competent court approves it. 

The law's main objective is to put a lid on Chinese's common practice of using aliases, which brings confusion especially in the business field. However, the use of alias is allowed when the name has been recorded in civil register and authorized by proper judicial proceedings. 

Under C.A. 142, the use of fictitious or different name that belongs to another person in a single instance  without consent or authorization will not be automatically penalized. 

Some of the relevant laws on aliases are the Civil Code of the Philippines (RA No. 386), the Tax Reform Act of 1997, Presidential Decree No. 1829, the Philippine Immigration Act of 1940, the Revised Penal Code (Act of 3815) and the Anti-Money Laundering Act of 2002. 

The law on the use of alias has a broad scope and the factors that deemed as a normally accepted practiced may not fall within the law's prohibition. 

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