Executive summary

Using more than one identity—whether by inventing a new name, misdeclaring personal details, or presenting falsified supporting papers—to obtain or “clean” an NBI Clearance can trigger criminal, civil, and administrative liability. Depending on the facts, the conduct may amount to: (1) use of a fictitious name or concealment of true name, (2) illegal use of an alias, (3) falsification of public documents (by a private individual), (4) use of falsified documents, and/or (5) perjury or false statements under oath. Conviction can carry imprisonment (from arresto mayor up to prision correccional, and higher in aggravated scenarios), fines, and collateral effects such as disqualification from public office or licensure exams, cancellation of the clearance, and flagging in law-enforcement databases.

What counts as “multiple identities” in NBI practice

Different names for the same person. Example: applying once as “Juan D. Cruz” and again as “John Dela Cruz,” with differing birth dates or parents to avoid a HIT (a match in the NBI database).
Alias usage beyond what the law allows. Using an alias without legal basis or prior judicial/administrative authority.
Material misstatements. False birth date/place, parents, civil status, or citizenship to evade a pending case or an adverse record.
Document switching. Submitting altered or counterfeit civil registry records, school IDs, barangay/police certificates, passports, or SSS/PhilHealth IDs to backstop the false identity.

Importantly, not all name discrepancies are criminal. Legitimate changes (e.g., marriage, adoption, court-approved change of name, naturalization) or clerical errors corrected through proper civil-registry procedures can be documented and explained to the NBI.

Why people attempt multiple identities (and why that matters legally)

To dodge a pending or past case that creates an NBI “HIT.”
To reset credit/employment history, especially following dismissal for dishonesty.
To regularize work quickly despite lacking consistent identity documents.

Intent is legally significant: the same discrepancy can be non-criminal if accidental and promptly corrected, but criminal if designed to deceive.

Governing legal framework

1) Revised Penal Code (RPC)

Using fictitious name / concealing true name (Art. 178). Penalizes publicly using a name other than one’s own to conceal identity or to cause damage. This often applies when an applicant adopts a different identity to obtain a clearance.
Falsification by private individual and use of falsified documents (Art. 172 in relation to Art. 171).
- Falsification occurs when a private person makes untruthful statements in a public document (an NBI Clearance application is treated as such, being issued by a public office and part of official records).
- Use of falsified documents punishes the presentation/filing of a document known to be falsified—e.g., altered birth certificate, tampered school ID.
Perjury / false testimony (Arts. 183–184, as amended). If the application or supporting affidavit is executed under oath and the declarant willfully asserts a falsehood on a material matter before a competent officer, perjury may attach.

Penalties under the RPC (orientation):

Arresto mayor: 1 month and 1 day to 6 months.
Prision correccional: 6 months and 1 day to 6 years. Specific penalties depend on the exact offense, qualifying circumstances (e.g., intent to cause damage, use of falsified public vs. private document), and any amendments in force at the time of prosecution.

2) Law on Aliases

Commonwealth Act No. 142 (Aliases Law), as amended. Generally prohibits the public use of an alias without prior judicial/administrative authority or except as allowed by law (e.g., pen names for legitimate purposes). Using an unapproved alias in government transactions—like an NBI application—can be a separate offense, even if no document was falsified.

3) Other possibly relevant statutes (fact-specific)

Civil Registry Laws / Rules of Court on change/correction of entries (to lawfully align names and dates).
Passport and immigration laws if the person also used multiple identities in travel documents.
Cybercrime laws if the falsity is executed through computer-related forgery or fraud in online submissions.
Data privacy laws where another person’s data is misused.

How the NBI treats “HITs,” aliases, and conflicting identities

The NBI maintains a centralized database of names, aliases, biometrics, and records of pending or decided cases.
A HIT means the submitted identity matches a record; it triggers verification (e.g., biometrics, mugshots, prior records) before release.
If inconsistencies appear (e.g., different entries for the same biometrics), the NBI may:
1. Place the application on hold pending explanation and documentation;
2. Require an Affidavit of One and the Same Person and supporting civil-registry documents;
3. Annotate the record with verified aliases;
4. Refer the case for criminal investigation if deception is suspected;
5. Cancel the clearance or refuse release.

NBI does not issue hold-departure orders; those are by courts/DOJ. But a verified deception can lead to a criminal complaint, and if a case is filed in court, ancillary orders may follow.

Elements prosecutors look for

Public document angle: The application/affidavit is an official document; entries are material (identity, birth details, etc.).
Authorship and intent: The applicant authored or caused the falsity and intended to make authorities believe it, or knew a document was falsified yet used it.
Capacity to deceive / cause damage: Even without actual monetary loss, deceiving a public office or obstructing justice can suffice.
Oath: If perjury is alleged, the statement was under oath, before an officer authorized to administer it, and knowingly false on a material point.
Alias usage: Public use of an alias without authority, particularly in a government transaction.

Penalties and collateral consequences

Criminal

Imprisonment and fines under the specific RPC provision or Aliases Law violated.
Aggravating circumstances (e.g., if used to commit another crime, or to obstruct justice) can increase penalty within the range.
Complex crimes (e.g., falsification used to commit estafa) can raise exposure.

Administrative / regulatory

Cancellation/withholding of NBI Clearance and annotation of the record.
Blacklisting/flagging within NBI and shared law-enforcement systems.
Licensing and employment impacts (government hiring, PRC licensure, visas), because most require NBI Clearances free from adverse annotations arising from fraud.

Civil

Damages if another person’s identity or documents were appropriated, or an employer suffered loss due to the deception.

Lawful reasons for name differences (how to avoid liability)

Marriage, annulment, adoption, legitimation: Use the correct civil-registry documents (marriage certificate, CENOMAR, decree, etc.).
Clerical errors: Secure a correction under the civil registry rules (e.g., R.A. 9048/10172 procedures for first name, day/month/sex corrections through the local civil registrar).
Cultural/pen names: Use only in permissible contexts and never in official government transactions unless duly authorized.
Court-approved change of name: Present the final order/judgment and updated civil registry entries.

Compliance roadmap for applicants

Unify your identity documents before applying: PSA birth certificate, valid government ID, and—if applicable—marriage/adoption/court orders.
Declare known aliases truthfully. If you previously used a variant (e.g., hyphenated surname), disclose it.
Never fabricate details to “avoid a HIT.” A HIT does not automatically mean guilt; it only triggers verification.
If flagged, cooperate: provide biometrics, submit an Affidavit of One and the Same Person, and attach civil-registry proof.
Regularize first, apply second: If your records conflict, process the civil-registry correction or change-of-name before seeking clearance.

Employer/HR and recruiter guidance

Rely on biometrics, not just names. Request government-issued IDs and compare biometric or photo data where lawful.
Watch for red flags: inconsistent signatures, shifting birth dates, multiple “official” email names.
Document discrepancies: Ask applicants for an explanation and supporting papers rather than reflexively disqualifying.
Avoid discriminatory practices: Distinguish between lawful identity changes and attempts to deceive.
When fraud is suspected, consult counsel before filing complaints to ensure correct offense classification (e.g., Art. 172 vs. Aliases Law).

Typical defense and mitigation themes (case-dependent)

Absence of intent to deceive: Honest mistake, promptly corrected upon discovery.
Non-material variance: The discrepancy did not affect identity or cause damage (limited value in falsification cases, but sometimes relevant).
Document not “public”: If the allegedly falsified paper is private, the legal characterization changes.
Procedural defects: Lack of proper oath for perjury, or improper chain of custody for questioned documents.
Good-faith reliance on a fixer or third party (rarely exculpatory but may mitigate).

Practical scenario mapping

Scenario	Likely Legal Exposure	Notes
Applicant uses a second name (no authority) to bypass a HIT	Art. 178 (fictitious name) + possible CA 142 (illegal alias)	Separate counts possible per act.
Files an altered PSA birth certificate to match the new name	Art. 172 (falsification by private individual) + use of falsified document	Each submission/use can be charged.
Signs an under-oath application with a fabricated birth date	Perjury (if sworn) + falsification (public document)	Two distinct offenses in some fact patterns.
Uses spouse’s surname after marriage but documents are consistent	Typically no offense	Provide marriage certificate; disclose maiden name as “also known as.”
Corrects clerical errors via LCR/PSA, then applies	No offense	Keep certified true copies of corrections.

Procedure if an investigation starts

Receive notice/interview from NBI or prosecutor.
Secure counsel to assess the precise statutes involved.
Prepare documentary trail: PSA/NSO certificates, court orders, IDs, affidavits; obtain a forensic exam if questioned signatures/entries are at issue.
Consider rectification: Even if a case proceeds, prompt correction/withdrawal of the false document and full cooperation may mitigate penalties (subject to counsel’s advice).
Avoid further filings: Do not compound exposure by re-filing with yet another identity.

Key takeaways

Multiple identities in NBI transactions are legally risky and can lead to criminal prosecution, not just administrative denial.
Honest discrepancies tied to life events or clerical errors should be documented and disclosed; many are resolvable without liability.
The safest path is to regularize identity documents first, then apply, disclose past variants as aliases (when legitimate), and avoid any falsity—especially in sworn statements or public documents.
Because penalties and elements can hinge on technical details (e.g., whether a document is “public,” whether an oath was properly administered), case-specific legal advice from a Philippine lawyer is essential before taking action.

Disclaimer

This article provides general legal information for the Philippines and is not legal advice. Laws and penalties may have been amended; outcomes depend on facts. For specific cases, consult counsel and verify the current text of the applicable statutes and rules.