In the Philippines, the right to privacy is a constitutional mandate. Article III, Section 3(1) of the 1987 Constitution explicitly states that the "privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law." To give teeth to this right, the Revised Penal Code (RPC) and special laws provide specific penalties for those who dare to intercept, open, or steal private mail.
I. Secrecy of Correspondence under the Revised Penal Code
The primary statutory basis for punishing the unauthorized opening of mail is found in Articles 290, 291, and 292 of the Revised Penal Code. These provisions distinguish between private individuals and public officers.
1. Discovering Secrets through Seizure of Correspondence (Art. 290)
This article penalizes any person who, in order to discover the secrets of another, seizes their papers or letters and reveals the contents thereof.
- The Penalty: Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) and a fine.
- Key Condition: If the offender does not reveal the secrets, the penalty is lower (arresto mayor and a fine).
- Exception: This provision does not apply to parents, guardians, or spouses regarding the papers or letters of the children or minors under their care, or between spouses (though modern jurisprudence on "privacy between spouses" is evolving toward stricter protection).
2. Revealing Secrets with Abuse of Office (Art. 291)
This applies specifically to managers, partners, or employees of business establishments who learn secrets through correspondence and reveal them.
- The Penalty: Arresto mayor (1 month and 1 day to 6 months) and a fine.
3. Revelation of Secrets by a Public Officer (Art. 229 & 230)
If the offender is a public officer (e.g., a postal worker) who opens closed mail or reveals its contents without authorization:
- The Penalty: Prision correccional in its medium and maximum periods, perpetual special disqualification, and a fine.
II. The Postal Service Act (R.A. 7354)
The Philippine Postal Corporation (PHLPost) operates under specific regulations that safeguard mail while in transit. Under the law, the "taking" of mail matter from the postal system is a grave offense.
- Article V, Section 41 (Offenses Against the Service): Any person who shall unlawfully open, detain, or destroy any mail matter, or steal any mail or its contents while in the custody of the postal service, faces imprisonment or heavy fines.
- Mail Robbery: If the "taking" involves violence or intimidation against the postal carrier, it may be prosecuted under the RPC's provisions on Robbery, which carries significantly higher penalties (up to Reclusion Temporal depending on the circumstances).
III. Cybercrime Prevention Act of 2012 (R.A. 10175)
In the modern context, "letters" are often digital. The unauthorized opening of private emails or electronic messages is covered under this Act.
- Illegal Access (Section 4a): Accessing a computer system (like an email inbox) without right.
- Illegal Interception (Section 4b): Interception by technical means of non-public transmissions of computer data (e.g., "sniffing" private messages).
- Penalty: Imprisonment of prision mayor (6 years and 1 day to 12 years) or a fine of at least ₱200,000.
IV. Summary of Key Elements for Prosecution
To successfully prosecute a case for unauthorized opening of letters under the RPC, the following must generally be present:
- Subject Matter: There must be a private letter or closed paper belonging to another.
- Act: The offender opens the letter or seizes the paper.
- Intent: The act is done to discover a secret (malice).
- Lack of Consent: The owner of the correspondence did not authorize the opening.
| Offender Type | Law Applicable | Common Penalty Range |
|---|---|---|
| Private Individual | Art. 290, RPC | 6 months to 4 years + Fine |
| Public Officer | Art. 229, RPC | 2 to 6 years + Disqualification |
| Hacker/Digital | R.A. 10175 | 6 to 12 years + Heavy Fine |
V. Admissibility of Evidence
Under the Exclusionary Rule (Art. III, Sec. 3(2) of the Constitution), any correspondence obtained in violation of the law is inadmissible for any purpose in any proceeding. This means that if someone illegally opens your letter and finds evidence of a crime, that evidence cannot be used against you in court. It is considered "fruit of the poisonous tree."