Article Explanation: Articles 377 and 378 of the Family Code

Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.

Explanation:
The right to a name is one of the rights of personality. Usurpation of name implies injury to the interests of the owner of the name – possibility of confusion of identity or the appearance of some family relations between the owner and the usurper. The following are elements of usurpation of a name: (a) that there is an actual use of another’s name by the defendant; (b) that the use is unauthorized; and (c) the use of another’s name is to designate personality or identify a person. It is not necessary to prove actual injury to the owner of the name because there is always the potential harm due to the possibility of confusion of identity. The usurper is liable for damages under Art. 377 and Art. 21 of the Civil Code for contempt (Section 3 [e], Rule 71, Rules of Court).

Art. 378. The unauthorized or unlawful use of another person’s surname gives a right of action to the latter.

Explanation:
This article covers the unauthorized or unlawful use of surname. It covers the use of a name for other purposes, such when the name is used to call an animal or a trademark for some merchandise. If the owner suffers an injury, he is entitled for damages as when his surname is used to identify an obnoxious commodity designed to ridicule his person. If the purpose of the user in using another’s surname is to conceal his own true identity, he is guilty of concealing true name punishable by the Revised Penal Code (Art. 178).

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