Trespass to Dwelling in the Philippines: When Entering Is a Crime

The rule is in Article 280, called "qualified trespass to dwelling":

The key parts are:

• A private person. Article 280 is about private persons. Public officers have a separate article (see below).
• The dwelling of another. The article protects another person's home.
• Against the latter's will. The entry must be against the will of the person whose dwelling it is.

Yes. The second paragraph of Article 280 says:

The ranges come from the table of durations in Article 76 of the Code: arresto mayor runs from 1 month and 1 day to 6 months, and prision correccional in its medium and maximum periods from 2 years, 4 months and 1 day to 6 years. These show what the law allows, not the sentence a person will receive.

Article 280 lists three situations where it does not apply:

In simple words:

• to prevent serious harm to yourself, to the people inside, or to someone else;
• to render "some service to humanity or justice";
• to enter cafes, taverns, inns and other public houses while they are open.

It can be, under Article 281, "other forms of trespass":

(The odd spelling is how the text appears on the official page.) All of these must be present:

• the property is closed premises or a fenced estate of another;
• it is uninhabited;
• the prohibition to enter is manifest, meaning clear, for example from a locked gate or a sign;
• the person entered without the permission of the owner or caretaker.

The penalty is arresto menor (1 to 30 days) or a fine of up to ₱40,000, or both.

That can be theft as well. Article 308 says theft is committed by any person who enters an enclosed estate or a field where trespass is forbidden, without the owner's consent, and hunts, fishes or gathers fruits, cereals or other farm or forest products. See What is the penalty for theft?

Article 280 is about private persons. A public officer or employee who, without a judicial order, enters a dwelling against the owner's will may commit a different crime, violation of domicile, under Article 128 of the Code. We do not cover that article in detail here.

These are made-up examples to show how the rules work. They are not advice for any real case.

Jomar goes to the house of his ex-girlfriend Lea. She tells him not to come in and locks the door, but he climbs in through a window. Entering her home against her will can be trespass to dwelling under Article 280. If he had pushed her aside or threatened her to get in, the heavier penalty for violence or intimidation could apply.

Aling Nena owns a vacant lot with a locked gate and a "No Trespassing" sign. Some neighbors climb over the fence to pick mangoes. Entering can be trespass under Article 281, and picking the mangoes can be theft under Article 308.

Dante sees smoke coming from his neighbor's house and breaks a window to get the children out. He entered to prevent serious harm to the occupants, so Article 280 does not apply.

Whether a landlord may enter a rented unit, or a relative may enter a house the family shares, is not answered by the articles above, and we do not cover lease law here. If you are in this situation, ask a lawyer before you act. For deliberate damage during such a dispute, see Malicious mischief.

Talk to a lawyer if someone entered your home against your will and you want to file a complaint, or if you are accused of trespass. A lawyer can check whether the place counts as a dwelling, whether the entry was really against the owner's will, whether an exception applies and which penalty fits. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.