Is Opening Someone Else's Letters a Crime?
Quick answer
It can be. Under Article 290 of the Revised Penal Code, a private individual who seizes another person's papers or letters to discover that person's secrets commits a crime. If he also reveals the contents, the penalty is prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) and a fine of up to ₱100,000. If he does not reveal them, it is arresto mayor (1 month and 1 day to 6 months) and a fine of up to ₱100,000. Parents and guardians as to the letters of minors in their care, and spouses as to each other's letters, are not covered.
What does Article 290 say?
Article 290, as amended by Republic Act No. 10951 (2017), reads:
The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (P100,000) shall be imposed upon any private individual who in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof.
If the offender shall not reveal such secrets, the penalty shall be arresto mayor and a fine not exceeding One hundred thousand pesos (P100,000).
What does the article require?
Read word by word, the first paragraph has four parts:
- A private individual. The article names "any private individual". A public officer who reveals secrets learned through his office is dealt with in a different article (see below).
- A purpose. The act is done "in order to discover the secrets of another".
- Seizure. The offender seizes the other person's papers or letters.
- Revealing. For the heavier penalty, the offender also reveals their contents.
If the papers are seized to discover secrets but nothing is revealed, the second paragraph applies, with the lighter penalty. No Supreme Court ruling on Article 290 is explained on this page. Whether a given act fits these words is decided by the prosecutor and the court.
Who is not covered?
The third paragraph sets two exceptions:
This provision shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or custody, nor to spouses with respect to the papers or letters of either of them.
So a parent who reads a minor child's letters, or a spouse who reads the other spouse's letters, does not commit the crime in Article 290. The exceptions are part of this article only. They say nothing about other laws.
What about a public officer who reveals secrets?
Article 230 covers that. It punishes "any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets", with arresto mayor and a fine of up to ₱200,000, as amended by Republic Act No. 10951.
Does it cover emails, chats and phone calls?
The article speaks of "papers or letters". It does not mention emails, chat messages, social media accounts or phone calls, and no ruling on that question is explained here. Recording a private phone conversation without consent is covered by a separate law: see is recording a phone call legal?. For personal information handled by companies, schools and offices, see how to file a data privacy complaint.
Are older fines in other sources still valid?
No. The fines in Article 290 today are the amounts set by Republic Act No. 10951 (2017): up to ₱100,000 in both paragraphs. Older books and websites may still show the much smaller fines of the original 1930 text.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Gina takes her boardmate's letters from his drawer to find out about his debts, then tells the other boarders what they say. She is a private individual, she seized the letters to discover his secrets, and she revealed them. This fits the first paragraph.
Paolo takes papers from his officemate's bag to learn her plans, reads them and puts them back without telling anyone. Nothing was revealed, so the second paragraph is the closer fit.
Tess reads the letters sent to her 14-year-old son. She is his parent and he is a minor in her care, so Article 290 does not apply to her.
Jomar goes into his neighbor's house without permission to look for her letters. Entering another's dwelling against the owner's will is a separate act; see trespass to dwelling and Article 280.
How long are these penalties?
Prision correccional runs from 6 months and 1 day to 6 years, and arresto mayor from 1 month and 1 day to 6 months (Article 27). See also the table of penalty durations.
When do you need a lawyer?
Talk to a lawyer if your letters or papers were taken and their contents spread, if you were accused of taking someone's papers, or if the case involves emails, chats or accounts that Article 290 may not reach. Which law applies depends on what was taken, how, and who saw it. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Is it illegal to open someone else's mail in the Philippines?
It can be. Article 290 of the Revised Penal Code punishes a private individual who, to discover the secrets of another, seizes that person's papers or letters. The penalty is heavier if he also reveals what they say.
What is the penalty for opening and reading someone's letters?
As amended by Republic Act No. 10951, seizing the papers or letters and revealing their contents is punished by prision correccional in its minimum and medium periods and a fine of up to ₱100,000. If the secrets are not revealed, the penalty is arresto mayor and a fine of up to ₱100,000.
Can parents read their children's letters?
Article 290 says it does not apply to parents, guardians or persons entrusted with the custody of minors, as to the papers or letters of the children or minors under their care or custody.
Can a husband read his wife's letters?
Article 290 says it does not apply to spouses with respect to the papers or letters of either of them. Other laws are not covered by that exception.
Does Article 290 cover emails and chat messages?
The article speaks of papers or letters and does not mention emails, chats or phone calls. No ruling on that question is explained on this page.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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