Usurpation of civil status, A348 Revised Penal Code

Usurpation of civil status refers to the act of a person taking on the civil status of another for purposes of defrauding other people, a.k.a. identity fraud.

1. Concept

Usurpation – refers to seizing, holding, or grabbing something unlawfully.

Civil status – refers to personal status or events of an individual or natural person, from birth to death, including citizenship, marriage, legal separation, annulment/nullity of marriage, adoption, etc.

Usurpation of civil status – refers to the act of a person taking on the civil status of another for purposes of defrauding other people, a.k.a. identity fraud.

a. Legal basis

Article 348. Usurpation of civil status. - The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended part or his heirs; otherwise, the penalty of prision correccional in its medium and maximum periods shall be imposed.

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) Usurpation of civil status

a. Mode 1: Usurpation

Elements of the offense of usurpation of civil status:

1) The offender commits the act of usurpation; and

2) The usurpation is on the civil status of another. (REVISED PENAL CODE, Article 348)

1) Element 1: Usurpation

To usurp is to grab, hold, or seize something unlawfully. Meaning, the offenders did not have any right from the very beginning t...