The Supreme Court ruled that using an alias in a private banking transaction doesn’t violate the anti-alias law if there’s no intent to be publicly known by that name. This decision protects individuals’ privacy in financial dealings and clarifies that the anti-alias law targets those who publicly and habitually use a false name. This means that merely signing a bank document with an alias, without further evidence of public intention, is not enough to constitute a violation of the law.

Estrada’s Secret Account: Did ‘Jose Velarde’ Break the Law?

The case of People of the Philippines v. Joseph Ejercito Estrada centered on whether former President Estrada violated Commonwealth Act (CA) No. 142, also known as the Anti-Alias Law. The prosecution alleged that Estrada illegally used the alias “Jose Velarde” to open a bank account, attempting to conceal ill-gotten wealth. The Sandiganbayan, however, granted Estrada’s demurrer to evidence, finding that the prosecution failed to prove the elements of the crime, specifically the requirement of public and habitual use of the alias. This ruling hinged significantly on how the term “public” is interpreted within the context of banking transactions governed by laws ensuring confidentiality.

The heart of the Anti-Alias Law, specifically Sections 1 and 2 of CA No. 142 as amended, prohibits using a name different from one’s registered or baptismal name, unless authorized by a court or used for specific purposes like entertainment. The Supreme Court has defined an “alias” as a name used publicly and habitually, with the intention of being known by that name in addition to the real one. This definition is crucial because it sets a high bar for proving a violation of the law. To convict, the prosecution must demonstrate not only the use of a different name, but also that this use was intended to be public and was part of a pattern or practice.

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…

The prosecution argued that the presence of non-bank officers during the signing of bank documents with the alias constituted public use. They further contended that R.A. No. 1405, the Bank Secrecy Law, should not be an exception to the Anti-Alias Law. Estrada’s defense emphasized the confidential nature of banking transactions and the lack of intent to be publicly known as “Jose Velarde.”

The Supreme Court sided with Estrada, reinforcing that the publicity requirement under CA 142 goes beyond mere communication to a third party. The use of the alias must be open and intended to make the user publicly known by that name. The Court highlighted that the persons present during the signing, Estrada’s Chief of Staff and a lawyer-friend, were individuals with whom he shared confidential matters. Their presence did not transform the private transaction into a public one.

Moreover, the Court emphasized the reasonable expectation of privacy afforded to banking transactions under R.A. No. 1405. This law protects the confidentiality of bank deposits, creating a zone of privacy that clashes with the concept of public use required by the Anti-Alias Law. The act of signing documents related to a trust account falls within this protected zone, further undermining the prosecution’s claim of public use.

The Court dismissed the People’s argument about harmonization between CA No. 142 and R.A. No. 1405, reiterating that the absence of public use under Ursua determines non-culpability. While R.A. No. 1405 operates separately, it is connected to CA 142 cases whenever financial transaction privacy comes into play.

What is the Anti-Alias Law?	It’s a law (Commonwealth Act No. 142) that prohibits using a name different from your registered or baptismal name without judicial authorization.
What is the key element for violating the Anti-Alias Law?	The use of an alias must be public and habitual, with the intention of being known by that name.
Does signing a bank document with an alias automatically violate the Anti-Alias Law?	No, it doesn’t. The use of the alias must be intended to be public and habitual, not just a one-time, private transaction.
What role does the Bank Secrecy Law play in this case?	The Bank Secrecy Law (R.A. No. 1405) protects the confidentiality of bank deposits, creating a zone of privacy that contradicts the element of public use required by the Anti-Alias Law.
How did the Court define “public” use in this context?	The Court stated that “public use” goes beyond mere communication to a third person. The intent must be to make the alias generally known.
Why was Estrada acquitted of violating the Anti-Alias Law?	The prosecution failed to prove that Estrada intended to be publicly known as “Jose Velarde” and also because the act occurred under circumstances where the confidentiality of bank transactions were protected.
What impact does R.A. No. 9160 have on the ruling?	The enactment of R.A. No.9160 clearly manifests that prior to its enactment, numbered accounts or anonymous accounts were permitted banking transactions, whether they be allowed by law or by a mere banking regulation. To be sure, an indictment against Estrada using this relatively recent law cannot be maintained without violating the constitutional prohibition on the enactment and use of ex post facto laws.
How does this case affect the prosecution of public officials?	The law does not make any distinction, expressly or impliedly, that would justify a differential treatment between a man on the street, on one hand, and the President of the Republic, on the other, for purposes of applying CA No. 142.

In conclusion, this case clarifies the boundaries of the Anti-Alias Law, emphasizing the need to prove public and habitual use of an alias to secure a conviction. The ruling recognizes the importance of privacy in banking transactions and ensures that individuals are not penalized for using aliases in confidential settings. The burden remains on the prosecution to establish intent and publicity beyond a reasonable doubt in such cases.

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: PEOPLE OF THE PHILIPPINES VS. JOSEPH EJERCITO ESTRADA, G.R. Nos. 164368-69, April 02, 2009