Using a fictitious name

Dear PAO,

My sister will start at her new job this January 2022. She really wants to have a fresh start because she had bad experiences at her previous work places. As part of her “fresh start,” she wants to change HER PET NAME; NOT HER OFfiCIAL REGISTERED NAME, BUT only that which she will be commonly referred to or what we Filipinos normally term as “palayaw.” Her friend told her that she might be complained and, worse, imprisoned for using a fictitious name. Can that really happen? My sister is not trying to hide from anyone or do any illegal act. She just basically wants to start anew.

Dear Andrea,

A person’s name is of great significance as it is, in a way, his or her primary identity; one that distinguishes him or her from another.

Under our laws, a person’s registered name may only be changed through judicial authority, except for clerical or typographical errors and change of first name or nickname, when there is a patent mistake in the entry in the civil register. (Section 1, Republic Act 10172) Since what your sister intends to change is not her registered name but only her nickname or palayaw, which seems to be in good faith so as to start anew with her career life, we do not see any legal obstacle regarding the same.

However, we wish to emphasize that if it turns out, and be established later on, that she is using a fictitious name to purposely hide from legal authorities, she may be held liable under our criminal laws.

Pursuant to Article 178 of the Revised Penal Code, as amended by Republic Act 10951, otherwise known as “An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based and the Fines Imposed Under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known as ‘The Revised Penal Code’, as Amended”: “Section 29. Article 178 of the same Act is hereby amended to read as follows:

“Art. 178. Using fictitious name and concealing true name.— The penalty of arresto mayor and a fine not to exceed One hundred thousand pesos (P100,000) shall be imposed upon any person who shall publicly USE A fiCTITIOUS NAME FOR THE PURPOSE OF CONCEALING a crime, evading the execution of a judgment or causing damage.

“Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed Forty thousand pesos (P40,000).” (Emphasis supplied)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.