Article 290 of the Revised Penal Code: Discovering secrets through seizure of correspondence
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 290 say?
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).
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.
What does it mean in plain language?
Article 290 punishes a private individual who, to discover another person's secrets, seizes that person's papers or letters. If the offender also reveals what they say, 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 the secrets are not revealed, the penalty is arresto mayor (1 month and 1 day to 6 months) and a fine of up to ₱100,000. The article does not apply to parents and guardians as to the letters of children in their care, or to spouses as to each other's letters.
The article 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).
How does it work in real life?
Gina: a housemate's letters
Gina takes her boarding-house mate'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: reading without telling
Paolo takes his officemate's papers from her bag to learn her plans, reads them and puts them back without telling anyone. Nothing was revealed, so the second paragraph, with arresto mayor, is the closer fit.
Tess: her son's letters
Tess reads 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.
What does this mean in practice?
- Lengths of the penalties. See the table of penalty durations and Article 27.
- Entering a home is a separate act. If the offender also entered another's dwelling against the owner's will, see trespass to dwelling under Article 280.
- Evidence. What was taken, why, and who heard the contents revealed are the facts the prosecutor looks at in deciding whether a case can be filed.
- See also the question on opening someone else's letters.
What does the article require?
Read word by word, the first paragraph has these parts:
- A private individual. The article names "any private individual". Public officers are dealt with elsewhere (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 there is a seizure to discover secrets but nothing is revealed, the second paragraph applies, with the lighter penalty of arresto mayor.
No Supreme Court ruling on Article 290 is explained on this page. Whether a particular 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 this crime. The exceptions are limited to Article 290; they say nothing about other laws.
What about public officers?
A different article covers them. Article 230 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 or phone calls?
The article speaks of "papers or letters". It does not mention emails, chat messages 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 and offices, see how to file a data privacy complaint.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised the fines. The original 1930 text, still printed on the Supreme Court E-Library, set a fine "not exceeding 500 pesos" in both paragraphs. Today it is up to ₱100,000. The prison penalties did not change.
Frequently asked questions
Is opening someone else's letter a crime in the Philippines?
It can be. Article 290 punishes a private individual who, to discover the secrets of another, seizes that person's papers or letters. The penalty is heavier if the offender also reveals the contents.
What is the penalty under Article 290?
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, with respect to the papers or letters of the children or minors placed under their care or custody.
Does Article 290 apply between husband and wife?
No. The article says it does not apply to spouses with respect to the papers or letters of either of them.
What if a public officer reveals someone's secrets?
Article 290 covers private individuals. Article 230 separately punishes a public officer who reveals the secrets of a private individual that became known to him by reason of his office.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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