Legal Consequences for a Foreigner Using a False Name in the Philippines

Updated for the Philippine legal framework as of 2025 (general overview; not legal advice).

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Using a false name in the Philippines can trigger criminal, immigration, administrative, and civil consequences—sometimes all at once. What ultimately applies depends on where and how the false name is used (e.g., in public, in an immigration form, online, in a contract, on a government ID, at a bank, etc.), and why it was used (e.g., to hide a crime, to obtain a visa, to deceive a private party).

Criminal liability under the Revised Penal Code (RPC)

1) Using a fictitious name / concealing true name (RPC, Art. 178)

Act punished: Publicly using a fictitious name to conceal a crime, evade a judgment, or cause damage, or concealing your true name/identity.
Who can be liable: Any person—citizens or foreigners—within Philippine jurisdiction.
Penalty (overview): Typically arresto mayor (1 month and 1 day to 6 months) and/or a fine. If other crimes are involved, penalties can stack.

Practical tip: Merely introducing yourself casually with a nickname is not the target of this provision. The law focuses on public use of a false name for illicit purposes or to cause damage.

2) Falsification and use of falsified documents (RPC, Arts. 171–172, 174–176)

Act punished: Submitting forms or documents (e.g., immigration cards, driver’s license, police clearances, notarized affidavits) that bear a false identity, or using such documents knowing they are falsified.
Penalty (overview): Usually prisión correccional (6 months and 1 day to 6 years) and fines; higher if a public document is involved or a public officer participated.
Common scenarios for foreigners:
- False name on arrival/departure cards or visa extensions.
- Fake or altered licenses, IDs, permits, or NBI clearances.
- Notarized affidavits with false identity data.

3) Perjury (RPC, Art. 183, as amended)

Act punished: Willfully making an untruthful statement under oath on a material matter (e.g., sworn immigration or police forms, affidavits for court, administrative filings).
Penalty (overview): Penalties for perjury have been increased by later amendments; expect imprisonment plus possible fines. If the false name appears in a sworn statement, perjury may apply in addition to falsification.

4) Related offenses that may be triggered

Estafa (fraud): Using a false name to induce someone to part with money/property can constitute estafa, carrying imprisonment tied to the amount defrauded.
Usurpation of name or identity-linked crimes: Pretending to be a real, specific person (not just any false name) can aggravate liability—especially if rights, credit, or reputation of that person are affected.

Immigration consequences (Commonwealth Act No. 613, “Philippine Immigration Act of 1940”)

1) Inadmissibility and exclusion at entry

Fraud or willful misrepresentation to procure a visa or entry (including false names in applications or arrival cards) is a ground for exclusion at the port of entry.

2) Deportation and blacklisting

Grounds:
- Violation of immigration laws (e.g., giving false information).
- Crimes involving moral turpitude (falsification, fraud, perjury often qualify).
- Being deemed an undesirable alien (a discretionary ground the Bureau of Immigration can invoke for identity fraud).
Consequences:
- Summary deportation proceedings (administrative).
- Blacklist/Watchlist—preventing re-entry.
- Visa cancellation or permit revocation (including work or special visas).

3) Registration and reporting violations

Foreigners must comply with alien registration, annual reporting, and address reporting rules. False identity information in these processes is a violation that can lead to fines, prosecution, and deportation.

Administrative and regulatory exposure

1) Financial system & KYC/AML

Banks, money service businesses, fintechs, and remittance centers must verify true identity (KYC).
Using a false name can lead to:
- Account closure, frozen funds, and suspicious transaction reports under AML regulations.
- Referral to law enforcement and immigration.

2) SIM registration and telecommunications

The SIM Registration regime requires true identity. Providing a false name can result in criminal penalties, deactivation, and investigative referrals.

3) Government licensing and permits

False identity data in applications to LTO, LGUs, PRC, SEC/DTI, or BIR may trigger:
- Permit denial or revocation, fines, and criminal referral for falsification or perjury.
- For corporate/entrepreneur activity, false filings can jeopardize visa eligibility (e.g., special investor/employee visas) and trigger immigration action.

4) Employment and labor

Using a false name to obtain employment (especially where work authorization is required) risks:
- Cancellation of work permits/Alien Employment Permits (AEP).
- Administrative sanctions on the employer and deportation of the foreign employee.
- Potential criminal exposure if documents were falsified.

Civil liability

1) Damages under the Civil Code

Even if criminal or immigration authorities do not proceed, victims can sue for damages if the use of a false name violates the standards of human relations (Civil Code Arts. 19–21) or constitutes tort (Art. 20).
Usurpation of name (e.g., posing as a specific person) can give rise to claims for moral, actual, and exemplary damages, injunctions, and corrective measures.

2) Contract validity and rescission

Contracts entered under a false identity may be voidable for fraud or vitiated consent, opening the door to rescission, restitution, and damages.

Digital/online conduct

1) Cybercrime Prevention Act (RA 10175)

Computer-related identity theft, fraud, and forgery provisions can apply when a false name is used online to obtain benefits, commit deception, or cause damage.
Penalties can include imprisonment, fines, forfeiture of devices, and blocking or takedown orders.

2) Platform and data protection laws

False identities used to phish or harvest data risk liability under anti-cybercrime provisions and data privacy principles (especially if personal data is misused or processed without lawful basis).

Enforcement realities and aggravating factors

Purpose matters: Using a false name to avoid embarrassment is treated far more lightly than doing so to obtain a visa, evade law enforcement, or defraud.
Document type matters: Falsifying or using a false identity in a public document (government-issued ID, immigration form, notarized affidavit) is treated more severely than in a purely private context.
Multiple violations: The same act can violate several laws (e.g., falsification + perjury + immigration offenses). Prosecutors can charge the most fitting or multiple counts.
Attempt vs. consummated offense: Even attempts (e.g., a failed try to open a bank account with a false name) can lead to investigation, denial of service, and immigration alerts.

Typical real-world scenarios

Airport/port entries: A traveler writes a false name on an arrival card → potential falsification, immigration violation, exclusion, or summary deportation.
Visa/work permit applications: Submitting a sworn application under a false name → perjury, use of falsified documents, visa denial, blacklist.
Banking/fintech onboarding: False identity in KYC → account denial, reports to AML authorities, possible criminal referral.
Employment hiring: Using another person’s identity to get an AEP → document fraud, permit cancellation, deportation.
Online scams: False-name social profiles used to solicit funds → cyber-fraud/identity theft, criminal case, and asset freezing.

Defenses and mitigating considerations

Lack of criminal intent: If there is no intent to conceal a crime, evade judgment, or cause damage (key under Art. 178), it may negate that specific offense—though other infractions (e.g., regulatory breaches) can remain.
Good-faith mistake / transliteration issues: Variations in spelling for non-Latin scripts or genuine translation/transliteration differences can mitigate liability if well-documented.
Duress or necessity: Rare but possible defenses if the false name use was compelled under threat or emergency.
Voluntary disclosure & rectification: Promptly correcting records and cooperating with authorities can reduce exposure and penalties.

Procedure and what to expect

Arrest/Investigation: Cases often begin with immigration, police, or NBI detection. Devices and documents can be seized.
Parallel tracks: It is common to face criminal proceedings while immigration runs a separate administrative case (e.g., deportation).
Bail/Detention: Depending on the charges, bail may be available. A hold-departure order or watchlist notice can issue.
Disposition: Outcomes range from fines and probation to imprisonment, deportation, and blacklisting.

Compliance checklist for foreigners

Always use your legal name as it appears on your passport in dealings with government, banks, and regulated entities.
Keep consistent spellings across forms; explain and document any differences (e.g., transliteration).
Never swear to anything you are not 100% sure is true.
Retain copies of visas, ACR I-Card, registration receipts, and any filings.
Seek counsel early if you discover an error—do not double down with more false data.

Penalty snapshot (plain-language)

Art. 178 (false/fictitious name): Up to months in jail and/or fines, especially if linked to concealment of crime or causing damage.
Falsification/use of falsified documents: Months to years of imprisonment, higher when public documents are involved.
Perjury (under oath): Increased penalties under later amendments—expect imprisonment and fines.
Cyber identity offenses: Imprisonment, fines, and device/asset actions.
Immigration: Exclusion, deportation, blacklisting, visa cancellation—even if criminal charges do not stick.

FAQs

Is it illegal to use a nickname? No—nicknames/pen names for social or artistic use are generally fine. Problems arise when a false name is used in public/legal contexts or to deceive or cause harm, or when the law requires your true legal name (e.g., immigration, banking, sworn statements, permits).

If I used a false name once, should I fix it? Yes. Rectify immediately with the concerned agency (and get proof of correction). Delays can convert an honest mistake into willful misrepresentation.

Can I be deported even if the criminal case is dismissed? Yes. Deportation is an administrative process with a different standard of proof. Immigration can still remove and blacklist you.

What if my passport itself has an error? Carry documentary proof (e.g., birth certificate, prior passports). Promptly work with your consular authorities to correct it; do not self-correct by using a different name in Philippine documents.

Bottom line

For foreigners in the Philippines, identity accuracy is non-negotiable. Using a false name—especially in official, sworn, or regulated settings—can lead to criminal prosecution, immigration removal, blacklisting, and civil liability. When in doubt, disclose, correct, and consult counsel early.