In the pursuit of better opportunities abroad, some Filipino workers resort to using an "assumed name"—a practice often involving the use of a different birth certificate, a borrowed identity, or a modified name to bypass age requirements, previous blacklisting, or travel bans. While this may seem like a shortcut to employment, it creates a minefield of legal complications under Philippine law and the statutes of host countries.

I. The Legal Framework: Philippine Statutes

The Philippine legal system strictly regulates the use of names to maintain the integrity of public records and ensure national security. Using an assumed name for overseas work typically violates several key laws:

1. Commonwealth Act No. 142 (The Anti-Alias Law)

As amended by Republic Act No. 6085, this law prohibits any person from using any name different from the one with which they were registered at birth or baptized.

The Exception: The only legal way to use an alias is through a judicial decree or for literary/artistic purposes (pseudonyms).
The Penalty: Violation can lead to imprisonment ranging from one to five years and a fine.

2. Republic Act No. 8239 (The Philippine Passport Act of 1996)

Obtaining a passport under an assumed name is a grave offense. Under Section 19, "Passport Fraud" includes:

Making false statements in the application.
Using a fraudulent birth certificate or using another person's identity.
The Penalty: Imprisonment of six to fifteen years and fines ranging from ₱15,000 to ₱60,000.

3. The Revised Penal Code (RPC)

Using an assumed name often involves the Falsification of Public Documents (Article 172). Since a passport and birth certificate are public documents, altering them or using false information to obtain them is a criminal act. Furthermore, Article 178 (Using Fictitious Name and Concealing True Name) specifically penalizes those who use a false name to conceal a crime, evade the execution of a judgment, or cause damage to public interest.

II. Administrative and Employment Consequences

Beyond criminal prosecution, the Department of Migrant Workers (DMW) and the Department of Foreign Affairs (DFA) impose heavy administrative sanctions on workers caught using multiple identities.

DFA Blacklisting: The DFA maintains a database of "look-stop" orders. If a worker is found to have two different records (e.g., one under their real name and one under an assumed name), their passport privileges are suspended indefinitely.
POEA/DMW Disqualification: The worker may be permanently barred from participating in the overseas employment program, effectively ending their career as an OFW.
Loss of Benefits: An OFW using an assumed name may face extreme difficulty in claiming benefits from SSS, PhilHealth, or Pag-IBIG, as the names on their contributions will not match their legal identity.

III. Consular and Repatriation Risks

The dangers of an assumed name are most acute when the worker is in distress.

Identity Verification in Emergencies: If a worker is hospitalized, arrested, or passes away abroad, the Philippine Embassy relies on passport data to contact next of kin. If the name is assumed, the government may be unable to locate the family or verify the victim's citizenship.
Repatriation Delays: When an OFW needs to be repatriated due to war, illness, or abuse, the discrepancy in identity can lead to lengthy legal battles in the host country, as the local authorities may view the worker as a victim of human trafficking or a criminal element.
Claiming Death Benefits: Families often lose out on insurance and OWWA death benefits because the legal heirs cannot prove their relationship to the person named in the assumed passport.

IV. Risks in the Host Country

Using a false identity is a violation of the immigration and labor laws of the host country.

Deportation and Permanent Bans: Most Middle Eastern, Asian, and Western countries consider identity fraud a deportable offense. Once deported, the worker is usually given a permanent "Persona Non Grata" status, preventing future travel to that region.
Criminal Charges Abroad: In strict jurisdictions, identity theft or document fraud can lead to corporal punishment or lengthy jail sentences before the worker is even considered for deportation.

V. Remediation: The Legal Path

For those who have already used an assumed name, "clearing" one's record is complex but necessary. It usually requires:

Petition for Cancellation of Erroneous Entry: A court process to cancel the second, fraudulent birth certificate.
Affidavit of One and the Same Person: A legal document, often supported by DNA testing or school records, to prove the worker's true identity to the DFA.
Payment of Penalties: Admitting the fraud to the DFA usually involves a "suspension period" where the worker is barred from holding a passport for several years as a penalty.

Conclusion

The use of an assumed name is a short-term gamble with long-term legal consequences. It strips the worker of their legal protections, endangers their access to government services, and creates a legacy of complications for their heirs. In the Philippine context, the law is uncompromising: transparency in identity is the only secure foundation for overseas employment.