Using Fictitious Name and Concealing True Name

Just this morning, someone was bothered because her name was used in dealing with transaction that would have an impact on her person.  If not abated, it would cause damage not only on her properties but on her identity in general.


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Image grabbed from www.google.com

We have a law penalizing using fictitious name and concealing true name.  Accordingly, a penalty shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgement or causing damage.

As defined, a fictitious name is an assumed name that differs from an individual's actual name (http://legal-dictionary.thefreedictionary.com/fictitious).

What is the purpose of using fictitious name?  As provided, the purpose shall be for:

1.  concealing a crime; 
2.  evading the executing; or
3.  causing damage.

Note that the use of a fictitious name shall be for PUBLIC.

What is the penalty of this offense?  Presidential Decree No. 38 stated that it shall be penalized with prision correccional or an imprisonment of 6 months and 1 day to 6 years.  However, Executive Order No. 187, series of June 5, 1987, the penalty was restored into arresto mayor and a fine not to exceed 500 pesos or an imprisonment of 30 days and 1 day to 6 months and a fine not to exceed 500 pesos.

Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200 pesos or an imprisonment of 1 day to 30 days.

Note that the publicity is not needed in concealing true name and other personal circumstances.

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