Revised Penal Code Article 280 (as amended)

Executive summary

In Philippine criminal law, “trespassing” into someone’s home is primarily punished under Article 280 of the Revised Penal Code (RPC), titled Qualified Trespass to Dwelling. It protects the sanctity of the home—whether owned, leased, or otherwise lawfully occupied—against unauthorized entry by private persons. Article 280 has been amended by Republic Act No. 10951 (2017) to update fines and penalty thresholds.

What Article 280 punishes

The core offense (qualified trespass to dwelling)

A private person commits the offense when they:

Enter the dwelling of another
Against the latter’s will (express or implied)

“Dwelling” means the place where a person habitually resides—including apartments, boarding rooms, rented units, and their immediate dependencies (e.g., porch, balcony, inner courtyard commonly used as part of the home). The protected person is the lawful occupant, not necessarily the owner.

The qualified form: entry with violence or intimidation

If entry is effected by violence or intimidation (e.g., forcing the door, pushing past the occupant, threats), the law imposes heavier penalties.

Who can be liable (and who cannot, under this article)

Liable: Private persons (anyone who is not acting as a public officer).
Not under Art. 280: Public officers who intrude without authority are liable under Articles 128–130 (Violation of Domicile and related offenses), not Article 280.

Elements of the crime (what prosecutors must show)

Offender is a private person.
There is an entry into the dwelling (not just the yard/driveway unless it functions as an integral dependency of the home).
Entry is against the occupant’s will.
- Express refusal: the occupant says “No,” locks or bars entry, posts clear prohibitions, or previously withdrew permission.
- Implied refusal: circumstances clearly show the occupant does not consent (e.g., entering at 2 a.m. through a window).
(For the qualified form) entry is accomplished by violence or intimidation.

Note: The offense is consummated upon entry. If prevented before entering, liability may fall under attempted trespass (rare in practice) or other applicable offenses (e.g., threats, malicious mischief).

Penalties (as amended)

Simple qualified trespass to dwelling (no violence/intimidation): Arresto mayor (1 month and 1 day to 6 months) and a fine (amounts updated by RA 10951).
With violence or intimidation: Prisión correccional (medium to maximum) (2 years, 4 months and 1 day to up to 6 years) and a fine (also updated by RA 10951).

Courts apply indeterminate sentence rules, privileged/ordinary mitigating and aggravating circumstances, and civil liability for damages (e.g., moral and exemplary damages for violation of privacy) as warranted by the evidence.

Statutory exceptions & defenses

Entry does not constitute Article 280 trespass when:

Necessity / to prevent serious harm: e.g., rushing in to save a child from a fire, to stop an ongoing violent assault.
Service to humanity: urgent aid to the sick/injured (classic humanitarian exception).
Public establishments while open to the public: e.g., inns, cafés, taverns during business hours, unless the occupant specifically forbids the person.
Valid consent: given by the lawful occupant (consent can be withdrawn at any time).
Lawful authority: e.g., search or arrest with a valid warrant, or warrantless entry that fits recognized exceptions (hot pursuit, plain view + exigency, to prevent imminent harm).
Good-faith belief in authority or consent (a factual defense; success depends on proof).

Landlords/owners: Even owners can violate Article 280 if they enter a leased dwelling against the tenant’s will (absent lawful cause or emergent necessity). Ownership does not trump the occupant’s possessory privacy rights.

Relationship to other trespass-related offenses

Article 281 – Other forms of trespass Penalizes entry into closed premises or fenced estate while uninhabited and without permission, or refusal to leave when required by an authorized person. This covers non-dwelling spaces (e.g., a fenced farm lot, a locked warehouse) and generally carries lighter penalties than Article 280.
Articles 128–130 – Violation of domicile by public officers Apply when public officers intrude without legal authority (e.g., entering a dwelling without a warrant or outside allowable exceptions). These articles protect the home against the State.
Absorption by graver crimes If the entry is merely a means to commit a more serious offense (e.g., robbery, homicide), trespass may be absorbed by the principal crime—unless the intent to violate the dwelling’s sanctity is distinct and proven, in which case separate liability can attach.

Key concepts clarified

“Dwelling” Includes the interior where the occupant lives and immediate appurtenances/dependencies functionally part of the home. Common hallways in a condo are typically not part of a specific dwelling; the unit is.
“Against the will” Can be verbal, written (e.g., “No Entry”), or implied by conduct (locked doors, time/place/manner of entry). Prior permission does not bar future liability once revoked.
Consent by a co-occupant Consent from one co-occupant may suffice as to common areas, but not to private rooms or areas under the exclusive control of another. When rights conflict, courts examine actual possession and privacy expectations.
Refusal to leave If a person lawfully entered (e.g., invited) but refuses to leave after consent is withdrawn, liability may arise under Article 281 (other forms of trespass) or other offenses (e.g., unjust vexation), depending on facts.
Nighttime, disguise, or breaking These facts can aggravate the manner of commission (especially when coupled with intimidation/violence) and influence penalty within the range.
Corporate/security agents Private security personnel are private persons under Article 280. They need lawful basis or consent to enter a dwelling; otherwise, they risk liability.

Procedure, complaints, and prescription

Complaint & prosecution Trespass to dwelling under Article 280 is a public offense—it can be reported to police or prosecutors without needing the offended party to file an affidavit-complaint, although in practice the occupant’s testimony is usually crucial.
Evidence tips Proof often comes from occupant testimony, CCTV, door/lock damage, text messages or notices withdrawing consent, and witnesses. Timely medical or incident reports bolster claims involving violence or intimidation.
Prescription Offenses punished by correctional penalties (like arresto mayor or prisión correccional) generally prescribe in 10 years under Article 90 of the RPC (counting rules in Article 91 apply).

Practical scenarios

Ex-partner enters your rented unit using a copied key after you revoked permission. Article 280 may apply; it’s against your will despite lack of force.
Neighbor forces your door during an argument to continue berating you. Article 280 with intimidation/violence.
Owner unlocks a tenant’s unit to “inspect” without notice or consent. Potential Article 280 liability notwithstanding ownership; civil liability may follow.
Good Samaritan breaks in to pull a child from a fire. Exception (necessity/service to humanity).
Police enter without a warrant to stop an ongoing stabbing they can see through the window. Lawful entry under exigent circumstances (not Article 280).

Civil remedies alongside criminal action

Victims may claim actual damages (e.g., broken door), moral damages (mental anguish, invasion of privacy), and exemplary damages when warranted, together with appropriate interest, subject to proof and judicial discretion. Protection orders may also be available under VAWC (for covered relationships) to restrain intrusions.

Compliance notes for property managers & landlords

Do not enter a tenant’s unit without express consent, except for clear emergencies.
Use written notices for inspections/repairs and obtain documented consent.
Keep keys control logs; unauthorized key duplication can aggravate liability.
Train staff that tenant privacy is legally protected distinct from ownership.

Bottom line

Primary law: Article 280, RPC (Qualified Trespass to Dwelling)—amended by RA 10951 to update penalties/fines.
Protected interest: the privacy and inviolability of the home of any lawful occupant.
Liability attaches upon unauthorized entry; harsher penalties apply for entry by violence or intimidation.
Public officers who intrude face different RPC offenses (Arts. 128–130).
Context matters: consent, necessity, and lawful authority are pivotal.

This overview is for general information in the Philippine context. Specific cases turn on facts, and courts apply the law alongside jurisprudence. If you’re dealing with a real incident—either as occupant, owner, or accused—consider consulting a Philippine lawyer for tailored advice.