Philippine legal framework overview for individuals confronted with a DFA passport renewal denial because the applicant is allegedly using an “assumed name.”

1) What “assumed name” means in Philippine law

Working definition. An “assumed name” (often called an alias) is any name other than the one recorded in the civil registry and recognized by law (e.g., name on your PSA-issued birth certificate, or your lawful married/adoptive name). Using an alias without legal authority is generally prohibited.

Key legal backstops

Civil Code / Family Code: Your legal name is that on the civil register, subject to lawful changes (marriage, adoption, legitimation, court-ordered change).
Commonwealth Act No. 142 (Alias Law), as amended: Public use of an alias requires judicial authority and must not be used to conceal identity or for unlawful purposes.
Revised Penal Code (Falsification): Misrepresenting identity in public documents can be criminally punishable.
Philippine Passport Act (RA 8239) & DFA regulations: Passports must reflect the applicant’s true name as supported by PSA civil registry documents or a final court/administrative order. False statements or spurious documents are grounds to deny, cancel, or refuse renewal and may trigger prosecution.

2) Why the DFA denies renewal on “assumed name” grounds

The Department of Foreign Affairs–Office of Consular Affairs (DFA–OCA) issues passports strictly against primary civil registry evidence. Renewal is denied when:

Name on record ≠ name used in the application.
- Example: Passport bears “Maria D. Cruz,” but the application seeks “Maria Santos” without a PSA-backed basis for the surname.
Prior passport obtained under a non-lawful name sequence.
- Past issuance under an alias does not vest a right to keep using it.
Inconsistencies across records (PSA birth certificate vs. IDs, school/work records, NBI, prior passports) suggesting identity manipulation.
Red flags: defaced/late-registered civil records without proper authentication; “Affidavit of Discrepancy” offered alone (insufficient); lack of finality in a pending name-change case; or watchlist/derogatory notes related to identity.

3) What counts as a lawful change of name (and what does not)

A. Automatically recognized surname changes

Marriage: A married woman may (not must) use her husband’s surname in the forms allowed by law, or retain her maiden name. For renewal, submit the PSA marriage certificate; to revert, show proof of annulment/nullity/recognition of foreign divorce or court order, plus PSA-annotated civil records once final.
Adoption: Domestic/international adoption decrees (and subsequent PSA entries) control the name.
Legitimation/acknowledgment: Changes under the Family Code and laws like RA 9255 (use of the father’s surname for a child born out of wedlock) take effect upon proper annotation in the PSA record.

B. Administrative corrections (no court)

RA 9048 (change of first name/nickname and correction of clerical/typographical errors) and
RA 10172 (clerical correction of day/month of birth and sex when the error is patent/clerical). These are pursued via the Local Civil Registrar (LCR) / PSA and require PSA annotation before the DFA will carry the change into a passport.

C. Judicial routes (court-required)

Rule 103/108 petitions (change/cancellation/correction of entries not reachable under RA 9048/10172, including surname change absent marriage/adoption).
Judicial recognition of foreign divorce/filial status (for Filipinos who obtained a foreign decree). The recognition judgment must be final and executory and PSA-annotated.

D. What does not work

Mere Affidavit of Discrepancy, Affidavit of One and the Same Person, or private contracts.
Using a stage name or “nickname used for years” without judicial authority and PSA annotation.
Administrative correction to change surname (beyond the limited scenarios above).

4) Typical denial scenarios—and the correct fix

Maiden vs. married surname conflict
- Issue: Applicant alternates names across IDs; PSA records reflect only maiden name, passport seeks husband’s surname without PSA marriage proof.
- Fix: Produce PSA marriage certificate (or PSA-annotated annulment/nullity order to revert). Ensure IDs follow the chosen lawful name.
Use of biological father’s surname for a child born out of wedlock without RA 9255 compliance
- Fix: Complete RA 9255 acknowledgment/affidavits, secure PSA-annotated birth certificate reflecting the father’s surname, then reapply.
Adoption granted, but PSA not yet annotated
- Fix: Secure Certificate of Finality of the adoption/administrative adoption order, have the LCR/PSA enter and annotate the new name; present the PSA-issued amended birth certificate at DFA.
Long-time alias (e.g., mother’s vs. father’s surname, or a step-parent surname used informally)
- Fix: File Rule 103/108 petition for change of name or correction as appropriate. After a final judgment and PSA annotation, DFA will align the passport.
Clerical errors (transposed letters, misspelled first name)
- Fix: Use RA 9048 to correct first name/clerical errors; for obvious sex/day/month errors, RA 10172. Reapply after PSA annotation.
Foreign divorce/remarriage affecting surname
- Fix: File for judicial recognition of the foreign divorce. Once final, PSA annotates; you may revert to or change surname according to law. Then reapply.

5) The evidentiary hierarchy the DFA follows

When names clash, expect the DFA to prioritize, in this order:

PSA-issued civil registry document with annotation (birth/marriage/decree).
Final and executory court/administrative orders (with Certificate of Finality), already implemented in the civil register.
Primary IDs that match the PSA record (e.g., UMID, PhilID/ePhilID, PRC).
NBI clearances issued in all names used (current legal name and former/alias names) to clear identity risk.
Supporting records (school, employment, GSIS/SSS, bank) only after PSA evidence is consistent.

Important: The passport will mirror the PSA record. If the PSA is inconsistent, DFA will not proceed until the civil registry is fixed.

6) Process map: from denial to approval

Step 1 — Get the denial basis in writing. Request the watchlist/remarks or the specific document deficiency noted by the evaluator (e.g., “assumed name detected,” “surname not supported by PSA”).

Step 2 — Audit your civil status trail. Secure recent copies of PSA birth certificate (and, if applicable) marriage/annulment, adoption, acknowledgment/RA 9255, judicial recognition, or name-change orders.

Step 3 — Choose the proper remedy.

Clerical/first-name only → RA 9048/10172 via LCR.
Surname/identity issues not covered by 9048/10172 → Rule 103/108 in court.
Foreign divorce recognition → specialized Rule 108 proceeding.

Step 4 — Implement the outcome in the PSA. Even with a favorable court/administrative decision, DFA will require PSA implementation (annotation/amended certificate). Keep the Certificate of Finality and the annotated PSA copies.

Step 5 — Align your identity footprint. Update NBI (apply in all names formerly used), PhilID, SSS/GSIS, PRC, voter’s records as feasible. Consistency reduces DFA risk flags.

Step 6 — Reapply for renewal / re-issuance. Bring the annotated PSA record(s), the final order, IDs in the correct name, and NBI in all names. The passport will be issued under the PSA-reflected legal name.

7) Special issues and edge cases

Late registration: Expect heightened scrutiny. Provide school/medical/baptismal or other early-life records and Affidavits of Two Disinterested Persons alongside the PSA late-registered certificate. If name variance persists, pursue Rule 103/108 or RA 9048/10172 as applicable.
Trans/Intersex applicants:
- Name changes follow ordinary Rule 103 (court) or RA 9048 (first-name).
- Sex entry: Only clerical sex-entry errors are administratively correctible (RA 10172). Substantive sex reassignment entries require judicial relief; jurisprudence has allowed limited relief for intersex conditions under specific facts.
Dual citizens/naturalized Filipinos: Ensure your Philippine civil register and PSA entries are updated to match your current lawful name. Foreign deeds (name change, divorce) typically require Philippine judicial recognition before PSA will annotate.
Alias authorizations: Judicial authority to use an alias under CA 142 does not automatically change your civil registry name. Without PSA annotation of the underlying status change, the passport name stays at the civil register.

8) Risks of forcing an “assumed name”

Denial, cancellation, recall of the passport under RA 8239 and DFA rules.
Criminal exposure for falsification, perjury, or violation of the Alias Law.
Immigration complications (mismatched travel/visa records, watchlists).
Financial/banking compliance holds due to KYC inconsistencies.

9) Practical documentation checklist for a clean reapplication

Latest PSA birth certificate (with annotation, if any).
If applicable: PSA marriage certificate; PSA-annotated decree of annulment/nullity or Rule 108 recognition of foreign divorce; adoption or legitimation records.
Court decision and Certificate of Finality (for Rule 103/108; adoption; divorce recognition).
LCR approvals under RA 9048/10172 and PSA-annotated outputs.
NBI clearances covering all names used (prior/alias and current legal).
Primary IDs already updated to the PSA-reflected name.
Any supporting historical records to reconcile identity (school, employment, SSS/GSIS, PhilID).

10) Key takeaways

The passport follows the PSA. If your civil registry says one thing and your IDs say another, fix the PSA first.
Affidavits alone seldom cure an “assumed name” denial. Use RA 9048/10172 for clerical/first-name issues, and Rule 103/108 (or status-specific proceedings) for surname/identity changes.
A prior passport under an alias does not create a right to continue using it. Final, annotated civil registry proof is the gatekeeper.
Align your NBI and IDs with the PSA-annotated name before returning to DFA to minimize renewal friction.