Understanding the Limits of the Anti-Alias Law: A Single Instance Isn’t Enough

G.R. No. 112170, April 10, 1996

Imagine a scenario: you’re asked to pick up a document for a friend and, to simplify the process, you sign their name on the receipt. Is this a criminal act? The answer, surprisingly, isn’t always a straightforward ‘yes’. This article delves into the nuances of the Anti-Alias Law in the Philippines, as illuminated by the Supreme Court case of Cesario Ursua v. Court of Appeals and People of the Philippines. This case highlights the critical distinction between using an alias habitually and a single, isolated instance of using another person’s name. Ursua, a government official, signed ‘Oscar Perez’ (his lawyer’s messenger) when receiving a document from the Ombudsman. The Supreme Court acquitted him, clarifying that a single act doesn’t constitute a violation of the Anti-Alias Law.

The Anti-Alias Law: Protecting Against Confusion and Fraud

The Anti-Alias Law, formally known as Commonwealth Act No. 142, aims to prevent confusion and potential fraud arising from the use of unregistered aliases. Originally enacted to address the practice of using multiple names in business transactions, it was later amended by Republic Act No. 6085 to broaden its scope.

The core of the law prohibits using any name different from your registered birth name or court-authorized substitute name. The purpose is to ensure transparency and accountability, especially in business and legal contexts. This helps to avoid deception and makes it easier to track individuals and their dealings.

Section 1 of C.A. No. 142, as amended, states: ‘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…’

For example, if Maria Santos starts a business under the name ‘Sunshine Enterprises,’ she must register that business name with the Bureau of Commerce to comply with regulations related to using names other than true names in business transactions.

The Case of Cesario Ursua: A Single Instance vs. Habitual Use

Cesario Ursua, a Community Environment and Natural Resources Officer, found himself in hot water after signing the name ‘Oscar Perez’ in a logbook and receipt at the Ombudsman’s office. This occurred when he was picking up a document on behalf of his lawyer. The incident led to charges under the Anti-Alias Law.

• The Incident: Ursua signed ‘Oscar Perez’ to receive a copy of a complaint against him.
• The Trial Court: Found Ursua guilty.
• The Court of Appeals: Affirmed the conviction but modified the penalty.
• The Supreme Court: Overturned the conviction, acquitting Ursua.

The Supreme Court emphasized that the Anti-Alias Law targets the habitual and public use of a name other than one’s registered name. The Court highlighted that Ursua’s use of ‘Oscar Perez’ was an isolated incident, lacking any intent to adopt the name as his own or create confusion.

The Supreme Court stated: ‘Clearly therefore 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 in addition to his real name by which he is registered at birth or baptized the first time or substitute name authorized by a competent authority.’

Furthermore, the Court noted: ‘The use of a fictitious name or a different name belonging to another person in a single instance without any sign or indication that the user intends to be known by this name in addition to his real name from that day forth does not fall within the prohibition contained in C.A. No. 142 as amended.’

Imagine a situation where a person signs a delivery receipt with a neighbor’s name because they weren’t home. This single act, without any intention to deceive or habitually use the neighbor’s name, would likely not be a violation of the Anti-Alias Law under the Supreme Court’s interpretation.

Practical Implications: What Does This Mean for You?

This ruling provides clarity on the scope of the Anti-Alias Law. It underscores that not every instance of using a name other than your own constitutes a criminal offense. The key factor is the intent to habitually use the alias and the potential for confusion or fraud.

For businesses and individuals, this means being mindful of the Anti-Alias Law when conducting transactions or using names other than their registered names. If a business uses a trade name, it should be properly registered. If an individual wants to use an alias regularly, they should seek judicial authorization.

Key Lessons:

• Habitual Use: The Anti-Alias Law primarily targets the habitual use of unregistered aliases.
• Intent Matters: A single, isolated instance of using another name, without intent to deceive, is unlikely to be a violation.
• Registration: Businesses using trade names should ensure proper registration to avoid legal issues.

Frequently Asked Questions (FAQs)

Q: What is considered an alias under the law?

A: An alias is a name used publicly and habitually, usually in business transactions, in addition to your registered name.

Q: Is it illegal to use a nickname?

A: Generally, no. The Anti-Alias Law primarily targets the use of different names for business or official purposes with the intent to deceive.

Q: What should I do if I want to use an alias legally?

A: You must apply for judicial authorization through a formal legal process.

Q: Does this law apply to online usernames or social media handles?

A: Not typically. The law primarily focuses on names used in business or legal contexts, not casual online interactions.

Q: Can a company be penalized for using an unregistered business name?

A: Yes, companies operating under unregistered business names may face penalties and legal repercussions.

Q: What is the difference between using an alias and assuming a fictitious identity?

A: An alias involves using a different name in addition to your real name. Assuming a fictitious identity involves completely fabricating a persona, often with fraudulent intent.

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