Text of the provision
Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The unauthorized or unlawful use of another person’s surname gives that person a right of action. The wrong lies in using the surname without leave, whatever the user’s motive.
Unlike Article 377, which speaks of usurpation — language that suggests a deliberate appropriation of someone’s identity — this article reaches any “unauthorized or unlawful” use of a surname, a broader formulation that does not require proof of intent to deceive. A person who adopts another’s surname by mistake, through careless record-keeping, or simply without permission can still give rise to a right of action under this article, even without the bad-faith element usurpation typically implies.
Questions about this provision
Related provisions
- Article 377 — Usurpation of a Name.
- Article 379 — Pen Names and Stage Names.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.