Can Signing Contracts Under an Alias Violate Article 178?

Introduction

Signing a contract under an alias may create civil, commercial, and criminal consequences in the Philippines. The legal result depends on the nature of the name used, the authority to use it, the purpose behind its use, and whether another person suffered damage.

Article 178 of the Revised Penal Code punishes the public use of a fictitious name for the purpose of concealing a crime, evading the execution of a judgment, or causing damage. Separately, Commonwealth Act No. 142, as amended by Republic Act No. 6085, generally prohibits the use of an unauthorized alias, subject to stated exceptions.

What Does Article 178 Punish?

Under Article 178 of the Revised Penal Code, as amended by Section 29 of Republic Act No. 10951, the first paragraph applies when a person publicly uses a fictitious name for any of three purposes: concealing a crime, evading the execution of a judgment, or causing damage.

The current penalty is arresto mayor and a fine not exceeding P100,000. The provision also punishes a person who conceals his or her true name and other personal circumstances with arresto menor or a fine not exceeding P40,000.

The governing provision is Article 178 of the Revised Penal Code, as amended by Republic Act No. 10951. The amendment replaced the previous penalty under Presidential Decree No. 38 and applies retroactively when favorable to the accused under Article 22 of the Revised Penal Code and Section 100 of Republic Act No. 10951.

What Is a Fictitious Name?

A fictitious name is not limited to a completely invented name. It may include the identity or name of another person when it is publicly assumed and used for one of the purposes identified in Article 178.

In Pequero v. People of the Philippines, G.R. No. 263676, 2024, the accused used the name “Atty. Epafrodito Nollora” and represented himself as a lawyer. Although a real person had used that name, the person had already died. The Supreme Court held that the accused’s assumption of that identity constituted the use of a fictitious name because it caused damage to members of the public and clients who believed that they were dealing with a genuine lawyer.

The decision shows that a name may be treated as fictitious for Article 178 purposes when it is used to create a false identity, even if the name once belonged to a real person.

What Must the Prosecution Prove?

For the first paragraph of Article 178, the prosecution must establish the following circumstances:

• The accused publicly used a name that was not his or her true name.
• The name was fictitious or was used to assume a false identity.
• The use was for the purpose of concealing a crime, evading the execution of a judgment, or causing damage.
• The use was attended by the required criminal intent, particularly the purpose connected with one of the circumstances stated in the law.

Damage may be financial, commercial, reputational, or personal. For example, damage may arise when a person obtains money, receives professional fees, induces another to sign a contract, or causes a business partner or creditor to rely on a false identity.

When Can a Contract Signed Under an Alias Become Criminal?

Signing a contract under an alias does not automatically establish a violation of Article 178. The surrounding circumstances must show that the name was used publicly and that the purpose was to cause damage, conceal a crime, or evade the enforcement of a judgment.

Article 178 may become relevant in situations such as the following:

• A borrower uses another person’s identity to obtain a loan and avoid repayment or collection proceedings.
• A seller signs a sale agreement using a false identity and receives payment for property or goods that the seller cannot lawfully deliver.
• A person who is subject to a judgment uses another name to conceal assets or avoid enforcement.
• An individual represents himself or herself as a licensed professional by assuming another person’s name and collects money from clients.
• A person enters into several transactions under different identities to deceive business partners, suppliers, or creditors.

In these situations, the contract may also support charges for estafa, falsification, identity-related offenses, or other crimes, depending on the acts committed and the evidence presented.

How Is an Alias Different from a Fictitious Name?

An alias is a name different from the name registered at birth or otherwise recognized by law. A fictitious name, for purposes of Article 178, concerns the criminal use of a false identity for a prohibited purpose.

The same conduct may violate both Article 178 and Commonwealth Act No. 142, as amended by Republic Act No. 6085. The offenses are distinct because Article 178 focuses on the prohibited purpose and resulting circumstances, while the Alias Law generally regulates the unauthorized use of names.

In Pequero v. People of the Philippines, G.R. No. 263676, 2024, the Supreme Court recognized that the accused could be held liable for the use of an illegal alias under Commonwealth Act No. 142 and for the use of a fictitious name under Article 178. The Court nevertheless acquitted him of usurpation of authority under Article 177 because a lawyer is not generally a “person in authority” for that provision.

What Does the Alias Law Require?

Section 1 of Commonwealth Act No. 142, as amended by Republic Act No. 6085, prohibits a person from using a name different from the name registered at birth, the name used at first baptism, or the name registered with the Bureau of Immigration in the case of an alien.

The principal exceptions include a pseudonym used solely for literary, cinema, television, radio, or other entertainment purposes, and pseudonyms used in athletic events where such practice is normally accepted. Another exception applies when a substitute name has been authorized by a competent court.

Section 3 further requires a person who is authorized to use an alias or pseudonym to state or affix his or her real or original name, together with the authorized alias or pseudonym, in public or private transactions and in public or private documents.

Thus, even if a person is permitted to use an alias, the person should not omit the true name in a contract, acknowledgment, receipt, deed, loan document, or other legally significant instrument.

Does Using an Alias Automatically Void the Contract?

Not necessarily. The use of an alias may affect the validity, enforceability, and proof of a contract, but criminal liability and civil validity are separate questions.

A contract signed under an alias may still be binding if the parties can be reliably identified, consent was genuine, the subject matter and consideration are lawful, and no fraud or prohibited conduct affected the agreement. However, a false identity may establish fraud, vitiate consent, prevent proper enforcement, or expose the person to damages and criminal prosecution.

Where the alias was used to mislead the other party about the signer’s identity, authority, financial capacity, or legal status, the transaction may be challenged for fraud or mistake under the Civil Code. The specific remedy depends on the facts, including whether annulment, rescission, damages, collection, or another action is appropriate.

How Should Contracts Be Signed?

For ordinary business and personal transactions, the safest practice is to use the signer’s complete legal name as it appears in government-issued identification and civil records.

If the person regularly uses an alias, the contract should identify both names. A suitable identification clause may state that the signer is “Juan Dela Cruz, also known as ‘Juan Cruz,’” followed by the signer’s complete legal name, address, identification details, and signature.

Where a court has authorized the use of a substitute name, the contract should identify the order or authority and should still state the signer’s real or original name when required by Commonwealth Act No. 142, as amended by Republic Act No. 6085.

Evidence Relevant to an Article 178 Charge

Evidence may include the contract itself, signature cards, identification documents, bank records, messages, emails, receipts, testimony from business partners or creditors, and proof that the name belonged to another person or did not match the accused’s registered identity.

The prosecution must also connect the use of the name with the prohibited purpose. A mere discrepancy in the name, without proof of public use and the required purpose, may not be sufficient for conviction under the first paragraph of Article 178.

In assessing possible liability, investigators and counsel should determine who signed the document, what name was used, whether the signer disclosed the true name, who relied on the representation, what loss occurred, and whether the use was intended to conceal a crime, evade a judgment, or cause damage.

Common Examples

Use of a nickname in a private setting. A person who is informally called by a nickname does not necessarily violate Article 178 merely by using that nickname socially. The facts must show the public use of a fictitious name for one of the purposes stated in the law.

Use of a trade name. A business may operate under a registered business name, corporate name, or trade name. This is different from an individual’s assumption of a false personal identity. Business registration and proper disclosure remain important.

Use of another person’s name in a loan transaction. This may support liability under Article 178 when the name is publicly used to obtain money or cause loss. Depending on the means employed, estafa, falsification, or other offenses may also be considered.

Use of an alias to avoid collection. If a judgment debtor adopts a false identity to evade execution, the conduct may fall within the express language of Article 178, in addition to possible civil and procedural consequences.

Practical Guidance for Businesses and Creditors

• Verify the signer’s complete legal name against reliable identification and civil or corporate records.
• Record all aliases, trade names, and names appearing in previous communications.
• Require disclosure of the signer’s real name even when an alias is commonly used.
• Confirm the signer’s authority to act for a corporation, partnership, estate, or another person.
• Preserve communications and transaction records showing any false representation or resulting loss.

Businesses should also distinguish an ordinary documentation error from intentional deception. A misspelled name or clerical mistake may require correction, but it does not by itself prove the criminal purpose required under Article 178.

Conclusion

Signing a contract under an alias becomes legally serious when the alias creates a false identity and is publicly used to conceal a crime, evade a judgment, or cause damage. Article 178 of the Revised Penal Code, as amended by Republic Act No. 10951, currently imposes arresto mayor and a fine not exceeding P100,000 for the first paragraph offense.

Parties should use their complete legal names in contracts and disclose any authorized alias together with the original name. Businesses and creditors should verify identity before releasing funds, transferring property, extending credit, or relying on a person’s claimed professional or commercial status.

Before filing a criminal complaint or commencing a civil action, counsel should examine the complete transaction, the authority for using the name, the evidence of deception, the resulting damage, and any other offense that may arise from the same conduct.

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