1. Concept and legal basis
| Art. 290. Discovering secrets through seizure of correspondence. – The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (₱100,000) 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 (₱100,000). |
| This provision shall not be applicable to parents, guardians, or person 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. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
Elements of the offense:
1) The offender is a private individual;
2) He seizes another’s papers or letters and reveal the contents thereof;
2) This is in order to discover the secrets of the other person. (Article 290, Act No. 3815, Revised Penal Code)
PARENTS, GUARDIANS, PERSONS ENTRUSED WITH CUSTODY OF MINORS: The 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 study, nor to spouses with respect to the papers or letters of either of them. (Paragraph 3, Article 290, Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
