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    Commonwealth Act No. 142 Provides in Section 1:: Geronimo, Andrae Nicolo, F

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    Corazon Legamia was convicted of using an alias in violation of Commonwealth Act 142 for using the name "Corazon L. Reyes". She used this name as she lived with and was introduced by Emilio Reyes, her common law husband, as his wife for almost 20 years. Upon Emilio's death, Corazon filed a claim on behalf of their son for death benefits using the name "Corazon L. Reyes". The court ruled that an individual cannot be convicted under Commonwealth Act 142 for using an alias if there is no sinister purpose or personal material gain. As Corazon used the name out of

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    Commonwealth Act No. 142 Provides in Section 1:: Geronimo, Andrae Nicolo, F

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    adee
    28 views2 pages
    Corazon Legamia was convicted of using an alias in violation of Commonwealth Act 142 for using the name "Corazon L. Reyes". She used this name as she lived with and was introduced by Emilio Reyes, her common law husband, as his wife for almost 20 years. Upon Emilio's death, Corazon filed a claim on behalf of their son for death benefits using the name "Corazon L. Reyes". The court ruled that an individual cannot be convicted under Commonwealth Act 142 for using an alias if there is no sinister purpose or personal material gain. As Corazon used the name out of

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    48 - Legmia v. IAC

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    Corazon Legamia was convicted of using an alias in violation of Commonwealth Act 142 for using the name "Corazon L. Reyes". She used this name as she lived with and was introduced by Emilio Reyes, her common law husband, as his wife for almost 20 years. Upon Emilio's death, Corazon filed a claim on behalf of their son for death benefits using the name "Corazon L. Reyes". The court ruled that an individual cannot be convicted under Commonwealth Act 142 for using an alias if there is no sinister purpose or personal material gain. As Corazon used the name out of

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views2 pages

    Commonwealth Act No. 142 Provides in Section 1:: Geronimo, Andrae Nicolo, F

    Uploaded by

    adee
    Corazon Legamia was convicted of using an alias in violation of Commonwealth Act 142 for using the name "Corazon L. Reyes". She used this name as she lived with and was introduced by Emilio Reyes, her common law husband, as his wife for almost 20 years. Upon Emilio's death, Corazon filed a claim on behalf of their son for death benefits using the name "Corazon L. Reyes". The court ruled that an individual cannot be convicted under Commonwealth Act 142 for using an alias if there is no sinister purpose or personal material gain. As Corazon used the name out of

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    Geronimo, Andrae Nicolo, F

    USING FICTIOUS NAMES AND CONCEALING TRUE NAME

    LEGAMIA V. IAC

    August 28,1984 G.R. No. L-63817 Abad Santos, J

    Relevant RPC Provisions, Concepts, & Doctrines

    Relevant Laws:
    Commonwealth Act No. 142 provides in Section 1:
    "Section 1. Except as a pseudonym solely for literary, cinema, television, radio or other entertainment
    purposes and in athletic events where the use of pseudonym is a normally accepted practice, no person
    shall use any name different from the one with which he was registered at birth in the office of the local
    civil registry, or with which he was baptized for the first time, or in case of an alien, with which he was
    registered in the Bureau of Immigration upon entry; or such substitute name as may have been authorized
    by a competent court: Provided, That persons, whose births have not been registered in any local civil
    registry and who have not been baptized, have one year from the approval of this act within which to
    register their names in the civil registry of their residence. The name shall comprise the patronymic name
    and one or two surnames." (As amended by R.A. No. 6085.)

    Doctrine:
    An individual cannot be convicted for using an alias under Commonwealth Act 142, if there is a lack of
    sinister purpose or personal material gain in mind.

    ISSUE/S:

    May an individual be convicted for using an alias under Commonwealth Act.142, despite the lack of any
    sinister purpose or personal material gain in mind? (No)

    FACTS OF THE CASE

    Corazon Legamia was convicted for violating Commonwealth Act No.142 for illegally using an alias.
    Corazon specifically used the alias “Corazon L. Reyes” due to her having a common law husband named
    Emilio N. Reyes, which whom she bore a son with. Emilio introduced Corazon to his friends as Mrs.Reyes.

    Upon Emilio’s death, Corazon filed a letter to claim on behalf of her son to the Agricultural Credit
    Administration, Emilio’s employer, for death benefits. The letter was signed "Corazon L. Reyes." The
    voucher evidencing payment of Michael's claim in the amount of P2,648.76 was also signed "Corazon L.
    Reyes."

    The legitimate wife of Emilio, Felicisima Reyes, filed a complaint which led to Corazon's prosecution.

    RULING

    No, an individual cannot be convicted for using an alias under Commonwealth Act 142, if there is a
    lack of sinister purpose or personal material gain in mind.

    The court stated, it is not uncommon in Philippine society for a woman to represent herself as the wife and
    use the name of the man she is living with despite the fact that the man is married to another woman. The
    practice, to be sure, is not encouraged but neither is it unduly frowned upon. A number of women can be
    identified who are living with men prominent in political, business and social circles. The woman publicly
    holds herself outas the man's wife and uses his family name blithely ignoring the fact that he is not her
    husband. And yet none of the women has been charged of violating the C.A. No. 142 because ours is not
    a bigoted but a tolerant and understanding society. It is in the light of our cultural environment that the law
    must be construed.

    In the case at bar, Corazon had been living with Emilio for almost 20 years. He introduced her to the public
    as his wife and she assumed that role and his name without any sinister purpose or personal material gain
    in mind. She applied for benefits upon his death not for herself but for Michael who as a boy of tender
    years was under her guardianship. Surely, the lawmakers could not have meant to criminalize
    whatCorazon had done especially because some of them probably had their own common law wife.

    Therefore, an individual cannot be convicted for using an alias under Commonwealth Act 142, if there is a
    lack of sinister purpose or personal material gain in mind.

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