Below is an in-depth discussion of the legal issues and principles surrounding the use of another person’s name in business without consent, focusing on Philippine laws, regulations, and jurisprudence. This aims to cover the most relevant legal bases, liabilities, and available remedies.

1. Overview of the Right to One’s Name

1.1. Name as an Aspect of Personality

In Philippine law, a person’s name is regarded as an essential aspect of individual identity and personality. It is protected under both statutory and jurisprudential doctrines. Unauthorized use of a person’s name in commerce (e.g., as a brand name, trade name, or endorsement) can infringe on this right and give rise to legal liability.

1.2. Protection Under the Civil Code

Articles 379–380, Civil Code of the Philippines: These provisions recognize that every person has a right to use and be recognized by their own name. The law also provides a remedy for a person whose name is being used by another in an unauthorized manner, particularly if such use may cause confusion, damage reputation, or prejudice the person’s interests.

Under the Civil Code, if the unauthorized use of a person’s name causes damage—whether in reputation, commercial interests, or personal dignity—the aggrieved individual may file civil actions for damages or for an injunction (a court order stopping the unauthorized use).

2. Intellectual Property Considerations

2.1. Intellectual Property Code (R.A. 8293)

Personal Names and Trademarks: The Intellectual Property Code of the Philippines (R.A. 8293) recognizes that personal names can be registered as trademarks under certain conditions, provided they have acquired distinctiveness. If a personal name is used as a trademark or brand name without consent and in a way that is likely to cause confusion or mislead consumers as to the source, sponsorship, or endorsement, this may constitute trademark infringement or unfair competition.
Trademark Infringement: Infringement occurs when there is unauthorized use of a registered mark in commerce that is likely to cause confusion. If someone registers or uses another person’s name as a trademark without consent—and that name is already a protected mark or strongly associated with someone—it can be an infringement of intellectual property rights.
Unfair Competition: Even if the name is not registered as a trademark, using a name that is widely associated with a certain person or business in a way that deceives the public (passing off one’s goods/services as those of another) may constitute unfair competition under the same law.

2.2. Rights of Public Figures and Celebrities

Public figures—such as actors, musicians, athletes, and politicians—often have their personal names protected not only as a personality right but also as a commercial asset. If a business uses a celebrity’s name, image, or likeness in advertising or product labeling without authorization, it can violate the celebrity’s right of publicity. Although the Philippines does not have a separate, codified “right of publicity” statute like some jurisdictions, courts have recognized that a famous person’s name has inherent commercial value and that unauthorized use can give rise to liability under existing civil and IP laws.

3. Data Privacy and Identity Theft

3.1. Data Privacy Act of 2012 (R.A. 10173)

Personal Information: The Data Privacy Act protects personal information of individuals (data subjects). While the law focuses primarily on the protection of personal data collected and processed by organizations, unauthorized use of a name in a business setting can, in some contexts, implicate data privacy concerns—especially if additional identifying information is misused alongside the name.
Consent Requirements: Generally, personal data processing requires consent, or must be otherwise permitted by law. If a business uses someone’s name (and potentially other identifying details) without consent, it could be in violation of data privacy rules—especially if that use involves storing, processing, or sharing personal data beyond what is lawful.

3.2. Cybercrime Prevention Act of 2012 (R.A. 10175)

Online Identity Theft: The Cybercrime Prevention Act criminalizes identity theft. If a business uses another’s name online without permission—posing or passing off the business as that person, or implying endorsement—it can be prosecuted under identity theft provisions. While this is typically geared toward more explicit impersonations, it still can be relevant if online platforms or social media are used to misrepresent a connection with a person.

4. The Revised Penal Code and Other Criminal Liabilities

4.1. Possible Criminal Violations

Fraud, Estafa (Article 315, Revised Penal Code): If the unauthorized use of a person’s name is done to deceive people for monetary gain, it could be prosecuted as fraud or estafa.
Libel or Cyber Libel: If the unauthorized usage damages the person’s reputation by implying false information, there might be grounds for libel (under the Revised Penal Code) or cyber libel (under the Cybercrime Prevention Act) if done online or via electronic means.

4.2. Deceit and Damage

The business’s intent and the resulting damage—whether reputational or financial—will factor into whether criminal liability arises. Generally, civil liability under the Civil Code can be easier to prove than criminal liability, as criminal prosecution requires proof beyond reasonable doubt.

5. Possible Remedies and Courses of Action

5.1. Civil Remedies

Injunction: An aggrieved individual can ask the court to issue a temporary or permanent injunction, compelling the business to cease using his or her name.
Damages:
- Actual or Compensatory Damages: For verifiable financial or reputational harm, including lost business opportunities or diminished brand value.
- Moral Damages: If the unauthorized use causes humiliation, emotional distress, or impairment of reputation.
- Exemplary or Punitive Damages: If the defendant’s act was done with malice or in bad faith and the court aims to set an example.

5.2. Administrative or Quasi-Judicial Remedies

Intellectual Property Office (IPO) Processes: If the issue involves trademark or unfair competition, an aggrieved party may file a complaint with the IPO’s Bureau of Legal Affairs or oppose a trademark application that includes unauthorized use of his or her name.
National Privacy Commission (NPC): If the misuse of a person’s name also involves personal data covered by the Data Privacy Act, complaints can be lodged with the NPC.

5.3. Criminal Complaints

If the circumstances show criminal intent (e.g., fraud, identity theft, or public deception for gain), the victim can file a complaint with law enforcement agencies (Philippine National Police or National Bureau of Investigation). The Office of the City/Provincial Prosecutor then evaluates the complaint for probable cause.

6. Key Points from Philippine Jurisprudence

Recognition of Right to One’s Name: The Supreme Court has consistently recognized that an individual’s name, especially if distinctive or well-known in commerce, cannot be exploited without consent when it causes confusion or harm.
Balancing Free Speech and Commercial Use: There may be contexts in which using another’s name could be permissible as part of fair comment or news reporting. However, once it crosses into commercial use—particularly endorsements or branding—courts tend to protect the individual’s proprietary rights over his or her name.
Assessing Likelihood of Confusion: In trademark or unfair competition cases, the key is whether the public is likely to be confused as to source or sponsorship. Unauthorized use that implies endorsement by the individual is often prohibited.

7. Practical Tips and Compliance for Businesses

Obtain Written Consent: If you plan to use another person’s name (especially a famous name) for business purposes or branding, obtain written authorization or licensing agreements.
Trademark Searches: Before adopting a name as part of a brand, conduct a thorough trademark and business name search through the Intellectual Property Office and the Department of Trade and Industry (DTI) or Securities and Exchange Commission (SEC) to avoid conflicts.
Consult Legal Counsel: When in doubt, seek legal advice to ensure compliance with intellectual property, privacy, and consumer protection laws.
Respect Privacy & Personality Rights: Even if the person is not well-known, using anyone’s name to give an impression of endorsement or partnership without consent can lead to claims under the Civil Code and other laws.

8. Conclusion

In the Philippines, using another person’s name in business without consent is not a trivial matter. It potentially violates:

The Civil Code provisions protecting one’s right to use and control their name.
The Intellectual Property Code (for trademark infringement or unfair competition).
The Data Privacy Act (if it involves personal data processing without consent).
Various provisions in the Revised Penal Code (if fraudulent or deceitful acts are involved).
The Cybercrime Prevention Act (if unauthorized use amounts to identity theft or cyber libel online).

Persons whose names have been used without their permission in a commercial context can seek both civil and criminal remedies, including injunctions, damages, and possible criminal prosecution. Businesses, therefore, must perform due diligence and secure proper authorization to avoid legal liability.

Ultimately, the protection of one’s name aligns with broader principles of personal rights, commercial fairness, and respect for individual identity in the Philippine legal system.