Article 291. Revealing Secrets With Abuse Of Office
On Criminal Law
Article 291. Revealing secrets with abuse of office. - The penalty of arresto mayor and a fine not exceeding one hundred thousand pesos (P100,000) shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets.
ELEMENTS:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in such capacity; and
3. That he reveals such secrets.
Damage is not required by this article.
An employee, manager, or servant who came to know of the secret of his master or principal in such capacity, and reveals the same, shall also be liable regardless of whether or not the principal or master
suffered damages.
The essence of this crime is that the offender learned of the secret in the course of his employment. He is enjoying a confidential relationship with the employer or master, so he should respect the privacy of matters personal to the latter.
If the matter pertains to the business of the employer or master, damage is necessary, and the agent, employee or servant shall always be liable. Reason: no one has the right to the personal privacy of another.
ELEMENTS:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in such capacity; and
3. That he reveals such secrets.
Damage is not required by this article.
An employee, manager, or servant who came to know of the secret of his master or principal in such capacity, and reveals the same, shall also be liable regardless of whether or not the principal or master
suffered damages.
The essence of this crime is that the offender learned of the secret in the course of his employment. He is enjoying a confidential relationship with the employer or master, so he should respect the privacy of matters personal to the latter.
If the matter pertains to the business of the employer or master, damage is necessary, and the agent, employee or servant shall always be liable. Reason: no one has the right to the personal privacy of another.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.