Article 280 of the Revised Penal Code: Qualified trespass to dwelling
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 280 say?
Any private person who shall enter the dwelling of another against the latter's will, shall be punished by arresto mayor and a fine not exceeding Two hundred thousand pesos (P200,000).
If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (P200,000).
The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or & third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open.
What does it mean in plain language?
Article 280 says a private person commits trespass to dwelling when he or she enters another person's home against that person's will. The penalty is arresto mayor (1 month and 1 day to 6 months) and a fine of up to ₱200,000. If the entry is made with violence or intimidation, the penalty rises to prision correccional in its medium and maximum periods (2 years, 4 months and 1 day to 6 years), with the same maximum fine.
The article is about the home. The will that counts is that of the person whose dwelling it is. Nothing has to be taken or damaged: the unwanted entry is enough.
How does it work in real life?
Arnel: told to leave, he walks back in
Arnel argues with his former partner, Joy, at her rented house. She tells him to leave and locks the door. An hour later he comes back and walks in through the kitchen while she shouts at him to get out. Entering her home against her will fits Article 280.
Ruben: pushing the door open
Ruben forces his way past the homeowner and shoves him aside to get into the house. Because he used violence, the second paragraph of Article 280 applies, with the heavier penalty of prision correccional in its medium and maximum periods.
Mila: smoke from the neighbor's window
Mila sees smoke coming from her neighbor's house and hears a child crying. She breaks the door to get the child out. She entered to prevent serious harm to an occupant, which is one of the exceptions in Article 280. It is not trespass.
What does this mean in practice?
- Whether the entry was against the dweller's will is decided on the evidence, such as words, a locked door or messages telling the person not to come.
- If something was taken during the entry, the case may also involve robbery or theft. See Article 293 on robbery.
- Entering closed premises or fenced land where nobody lives is a different crime with a lighter penalty, in Article 281.
- Harassment that is not trespass may be another offense. See Unjust vexation.
- For a fuller explanation, see Trespass to dwelling in the Philippines. For help with a specific case, see Free legal help in the Philippines.
What are the elements of trespass to dwelling?
Read word by word, Article 280 has three parts:
- The offender is a private person. Public officers are covered by a different article (see below).
- He or she enters the dwelling of another. A dwelling is the place where a person lives.
- The entry is against the will of the person living there.
When the entry is made "by means of violence or intimidation", the second paragraph of Article 280 sets the heavier penalty.
When is entering someone's home allowed?
The last paragraph of Article 280 lists three exceptions. The article does not apply to a person who enters to prevent serious harm to himself, the occupants or a third person. It also does not apply to:
any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open.
So a neighbor who breaks in to pull a child out of a fire is not a trespasser. Neither is a customer who walks into a café while it is open.
What if the person who enters is a public officer?
Article 280 applies to private persons. For public officers and employees, Article 128 (violation of domicile) punishes one who, "not being authorized by judicial order", enters a dwelling against the owner's will, searches papers or other effects without consent, or refuses to leave after entering secretly. It is a separate crime with its own penalties.
What changed with Republic Act No. 10951?
The 1930 text of Article 280 set a fine of not more than 1,000 pesos, in both paragraphs. Republic Act No. 10951 (2017) raised the maximum fine to ₱200,000. The prison penalties and the exceptions stayed the same.
Frequently asked questions
What is the penalty for trespass to dwelling in the Philippines?
Under Article 280 as amended by Republic Act No. 10951, it is arresto mayor (1 month and 1 day to 6 months) and a fine of up to ₱200,000. With violence or intimidation, it is prision correccional in its medium and maximum periods and a fine of up to ₱200,000.
Is it trespass to enter a house without permission?
Article 280 punishes a private person who enters the dwelling of another against the latter's will. What matters is that the person living there did not want the entry. Whether that is shown by words, a locked door or other facts is decided on the evidence.
When is entering someone's home not trespass?
Article 280 does not apply to a person who enters to prevent serious harm to himself, the occupants or a third person, or to render some service to humanity or justice. It also does not apply to cafes, taverns, inns and other public houses while they are open.
What if a police officer enters a house without a warrant?
Article 280 covers private persons. A public officer or employee who enters a dwelling against the owner's will without judicial authority is covered by a different crime, violation of domicile, in Article 128.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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