by Atty. Rita Linda V. Jimeno

There was a time when one carried one’s physical characteristics—a flat nose, dark skin or kinky hair—to the grave. But that is no longer the case. In this age of reconstructive surgery and modern day cosmetology, there is a solution to every physical imperfection, be it slight or serious.

Flat noses can be lifted and chinky eyes can be made wider. A chin that is too long can be chiseled shorter while flat breasts can be augmented to one’s desired cup size. Whitening capsules can be purchased over the counter. In fact, because of the profitability of whitening products there is a long-running advertising war among companies marketing glutathione products, touted as an effective skin whitener. Kinky and curly hair can now be straightened, too. Graying hair can be colored and thinning hair has several available remedies.

Most of the celebrities we see on television and the movie screen had been under the knife, at least once, to remedy one or two imperfections; or sometimes, just to enhance a body part that is slightly inadequate. There have been quite a number, however, who have done so much reconstruction that if you compare their old pictures with their present ones, there is little trace of the original face. This practice has so become a way of life that it no longer surprises us to see someone we know suddenly sporting a chiseled nose where an unsightly mound used to be. Or, someone who used to carry saddle bags and tummy bulges, all at once sporting a sculpted body.

A consequence we have never considered all this time is how the accessibility of cosmetic and reconstructive procedures could impact on crimes. Until, of course, the case of Alvin Flores, who was identified as one of those who held up and robbed a Rolex store in Greenbelt, came about. Flores was reported to have sought cosmetic surgery to dramatically alter his face to evade arrest. The reconstructive surgeon said Flores came to him pretending to be gay who wanted to transform his looks. The appearance of his eyes was altered; his nose was lifted and a dimple was carved on one cheek. Even his lips were made fuller than they used to be. Flores was subsequently killed in a shootout with the police but his case demonstrates that criminal elements can indeed commit crimes with impunity with the expediency of cosmetic surgery. Add to that the convenience of technological advances which could allow one to carry a new identity with new identification cards or documents. The combination can cause a nightmare for law enforcers and victims of crimes.

Our laws are so designed that persons may not easily change their birth records or their names unless for a good and justifiable reason. And the rationale is precisely to prevent criminal elements from evading responsibility for their crimes by changing their identities. If one were to apply for a change in any entry in his birth certificate (with the exception of first names which can be changed through a simple administrative process), he has to file a petition in court. He also has to implead as a respondent to his petition the civil registrar of the city or municipality where he was born. Then the court will order that the petition be published so that persons who may want to oppose the application for a change of name may register their objections with the court if they know of a reason why it should not be granted. The applicant for a change of name must have a valid reason or ground why he wants his name changed. Does his name elicit ridicule or cause him embarrassment? If so, then he may be allowed to change his surname. In other words, one’s name cannot be changed whimsically. What is avoided by the law is a person’s evasion and escape from criminal or civil liability.

But with the ease by which identities may now be changed —given the scientific strides in plastic and reconstructive surgery and advances in technology—should not a new law be crafted to avoid the evasion from crime and civil liability of persons responsible? When a person seeks a simple enhancement of his features which will not dramatically or completely alter his general appearance, this poses no problem. But when one’s facial reconstruction will completely change a person’s looks, should not a doctor do a background check if there is doubt as to the real intention of the patient—especially one who is not personally known to him?

A corollary situation may be found in the Anti-Money Laundering law. When the amount of P500,000 is deposited in the account of a person in a bank in a single day, the transaction must be reported to the Anti Money Laundering Council. And when there is doubt or suspicion as to the source of that money, even if the amount of transaction is lower than the threshold amount of P500,000 banks are obligated to report it to the Council. If they fail to report such transactions they can be held liable under the law. The purpose of the law is to prevent the laundering of money from illegal sources such as kidnapping for ransom, robbery and illegal drugs trade among others.

I am almost certain that the case of Alvin Flores was not the first and will not be the last. There will always be criminal elements who will attempt to do as he did to evade arrest and criminal responsibility. Our legislators must take a serious look and act.

Email: ritalindaj@gmail.com Visit: www.jimenolaw.com.ph