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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Article 291 of the Revised Penal Code defines Revealing Secrets with Abuse of Office which punishes a manager, employee, or servant if he learns the secrets of his principal or master in such capacity, and he reveals such secrets.
Consequently, the elements of the crime of Revealing Secrets with Abuse of Office are:
(1) That the offender is a manager, employee or servant.
(2) That he learns the secrets of his principal or master in such capacity.
(3) That he reveals such secrets.
In this highly competitive world, it is crucial for business entrepreneurs and companies to ensure the confidentiality of certain information that would give them a significant edge over their competitors. One secret ingredient may be the only thing that’s setting one entrepreneur or company apart from its competitors.
In the case of Air Philippines Corporation vs. Pennswell, Inc., G.R. No. 172835, December 13, 2007, the Supreme Court gave the definition of trade secrets, to wit:
“A trade secret is defined as a plan or process, tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it. The definition also extends to a secret formula or process not patented, but known only to certain individuals using it in compounding some article of trade having a commercial value. A trade secret may consist of any formula, pattern, device, or compilation of information that:
- ) is used in one’s business; and
- ) gives the employer an opportunity to obtain an advantage over competitors who do not possess the information.
Therefore, to safeguard the confidentiality of a company’s trade secrets, the employer must be very selective and meticulous in hiring employees who will handle and have access to said vital information.
Nevertheless, in case an employer incidentally hires a worker or employee who reveals its company’s secrets, the employer may file a criminal case against the said worker or employee, particularly “Revealing Secrets with Abuse of Office” under Article 291 of the Revised Penal Code.
Article 291 of the Revised Penal Code defines Revealing Secrets with Abuse of Office which punishes a manager, employee, or servant if he learns the secrets of his principal or master in such capacity, and he reveals such secrets.
Consequently, the elements of the crime of Revealing Secrets with Abuse of Office are:
- ) That the offender is a manager, employee or servant.
- ) That he learns the secrets of his principal or master in such capacity.
- ) That he reveals such secrets.
It is important that the manager, employee or servant was able to obtain the company’s secret by virtue of their employment.
PENALTY FOR REVEALING SECRETS WITH ABUSE OF OFFICE
The Revised Penal Code also prescribes the penalty for Revealing Secrets with Abuse of Office, to wit:
“Article 291. Revealing secrets with abuse of office. – The penalty of arresto mayor and a fine not exceeding 500 pesos 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.”
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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