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.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.