In an era where personal data is the new currency, the sanctity of identity has moved from a matter of personal pride to a significant legal frontier. In the Philippines, misrepresenting one’s identity or usurping that of another—especially within the professional sphere—carries heavy legal weight. Whether it is a desperate attempt to bypass a "hit" in a background check or a malicious scheme to defraud an employer, the Philippine legal system provides a robust framework for prosecution.
1. Using an Alias or Fictitious Name
The act of signing an employment contract or daily time record under a name other than what appears on a birth certificate is governed primarily by the Revised Penal Code (RPC) and the Commonwealth Act No. 142 (the Anti-Alias Law).
Fictitious Names and Concealing True Names
Under Article 178 of the RPC, two distinct acts are penalized:
- Using a Fictitious Name: This involves publicly using a name that is not one’s own to conceal a crime, evade a judgment, or cause damage to public interest. In a workplace, using a fake name to hide a criminal record during the hiring process falls squarely under this.
- Concealing True Name: This is the act of concealing one’s real name and personal circumstances (e.g., age, status) when requested by public authorities or for public records.
The Anti-Alias Law (CA No. 142, as amended by RA 6085)
This law strictly prohibits the use of any name different from the one with which a person was registered at birth or baptized. The only exceptions are:
- Pseudonyms for literary, cinema, or artistic purposes (provided they are not used to mislead).
- Judicial authorization through a formal petition for a change of name.
Penalty: Violations can result in imprisonment ranging from 1 to 5 years and a fine.
2. Identity Theft under the Cybercrime Prevention Act
When the "identity theft" occurs through a computer system—such as falsifying an online job application or hacking an HR portal—it falls under Republic Act No. 10175, or the Cybercrime Prevention Act of 2012.
Computer-Related Identity Theft
Section 4(b)(3) defines this as the intentional acquisition, use, misuse, transfer, or sale of identifying information belonging to another person (whether natural or juridical) without right.
In the workplace, this often manifests as:
- Using a colleague’s login credentials to sign documents.
- Applying for a position using another person’s professional license or credentials.
Penalty: The law imposes a penalty of prision mayor (6 years and 1 day to 12 years) or a fine of at least PhP 200,000.00, or both.
3. Falsification of Documents
A person using a false name or another’s identity in the workplace almost inevitably commits Falsification of Documents under Articles 171 and 172 of the RPC.
- Private Documents: Falsifying employment contracts, payrolls, or time cards.
- Public/Official Documents: Falsifying NBI clearances, SSS records, or PRC licenses submitted to the employer.
If a worker makes "untruthful statements in a narration of facts" (e.g., claiming to be someone else on an official form), they face imprisonment ranging from 2 to 6 years.
4. Employment and Labor Law Implications
Beyond the prison cell, there are immediate "civilian" consequences under the Labor Code of the Philippines.
Serious Misconduct and Fraud
Under Article 297 (formerly 282) of the Labor Code, an employer may terminate an employee for:
- Fraud or willful breach of trust: Using a false name is a fundamental breach of the trust inherent in the employer-employee relationship.
- Commission of a crime: If the employee is convicted of identity theft or falsification against the employer, it is a valid ground for dismissal.
In such cases, the employee is typically terminated without separation pay, as the dismissal is for a "just cause."
Summary of Penalties
| Offense | Primary Legal Basis | Potential Penalty |
|---|---|---|
| Using Fictitious Name | Art. 178, Revised Penal Code | Arresto mayor (1 month to 6 months) |
| Illegal Use of Alias | Commonwealth Act No. 142 | 1 to 5 years imprisonment |
| Cyber Identity Theft | R.A. 10175 | 6 to 12 years imprisonment |
| Falsification (Private) | Art. 172, Revised Penal Code | 2 to 6 years imprisonment |
| Workplace Termination | Art. 297, Labor Code | Dismissal without separation pay |
The Bottom Line
While the temptation to "rebrand" oneself might seem like a shortcut to employment, the Philippine legal landscape is unforgiving toward identity-related fraud. The intersection of the Revised Penal Code and modern Cybercrime laws ensures that whether the deception happens on paper or behind a screen, the consequences remain severe, ranging from heavy fines to significant prison sentences. In the eyes of the law, a stolen identity is not just a HR issue—it is a criminal one.