Art. 348. Usurpation of Civil Status. — The penalty of prisión 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 party or his heirs; otherwise, otherwise, the penalty of prisión correccional in its medium and maximum periods shall be imposed. (Revised Penal Code)

Notes:

● This crime is committed when a person represents himself to be another and assumes the filiation or the parental or conjugal rights of such another person. Example: A impersonates himself to be X, the son of D, and assumes the rights of X. 

● There must be an intent to enjoy the rights arising from the civil status of another. Otherwise, the case will be considered only as a violation of Art. 178 for assuming or using a fictitious name, or as estafa under Art. 315.

● The penalty is higher if the purpose is to defraud the offended party or his heirs such as pretending to be the lost son of a rich man.

● Usurpation of profession may be punished under Art. 348. Example: A, in the name of B, petitioned for the issuance of a duplicate of the B’s license as a professional, assuming the latter’s person and profession.