In the Philippines, criminal liability is extinguished if the case is not filed within the prescriptive period set by law. Under Article 90 of the Revised Penal Code, serious crimes prescribe in 15 to 20 years, most correctional offenses in 10 years, libel in 1 year, oral defamation and slander by deed in 6 months, and light offenses in 2 months. Offenses under special laws follow the periods in Act No. 3326.
Justice delayed can become justice denied — not only for the victim, but by operation of law. Every crime carries a deadline for filing the case, called the prescriptive period. Once it lapses, the State loses the right to prosecute, no matter how strong the evidence. This commentary explains how prescription of crimes works, the periods for common offenses, and why acting promptly matters.
What Prescription of Crimes Means
Prescription is one of the ways criminal liability is extinguished under Article 89 of the Revised Penal Code. The idea is that the State should pursue offenders within a reasonable time, while evidence is fresh and witnesses are available. Once the period expires, a case may be dismissed on the ground of prescription even if the accused plainly committed the offense. Prescription of the crime (the time to file) is different from prescription of the penalty (the time to enforce a sentence already imposed).
Prescriptive Periods Under the Revised Penal Code (Article 90)
For crimes defined in the Revised Penal Code, Article 90 sets the following periods, based on the penalty attached to the offense:
- Crimes punishable by death, reclusión perpetua, or reclusión temporal: 20 years;
- Other afflictive penalties (such as prisión mayor): 15 years;
- Correctional penalties (such as prisión correccional): 10 years — except those punishable by arresto mayor, which prescribe in 5 years;
- Libel or similar offenses: 1 year;
- Oral defamation (slander) and slander by deed: 6 months;
- Light offenses: 2 months.
When the Clock Starts and Stops (Article 91)
Under Article 91, the prescriptive period begins to run from the day the crime is discovered by the offended party, the authorities, or their agents — not necessarily the day it was committed. The running of the period is interrupted by the filing of the complaint or information, and it starts to run again if the proceedings terminate without conviction or acquittal, or are unjustifiably stopped. In practice, filing a complaint with the prosecutor’s office for preliminary investigation interrupts prescription.
Offenses Under Special Laws: Act No. 3326
Crimes created by special laws — not the Revised Penal Code — do not follow Article 90. Instead, their prescriptive periods are governed by Act No. 3326. Its periods depend on the penalty and are, in general terms: 1 year for offenses punished only by a fine or by imprisonment of not more than one month; 4 years where imprisonment is more than one month but less than two years; 8 years where it is two years or more but less than six; and 12 years for offenses punishable by six years or more. Because many everyday offenses — such as those under the Bouncing Checks Law and the Cybercrime Prevention Act — are special laws, the exact period must be checked against the specific statute.
Why Prescription Matters
The lesson is simple: do not sit on your rights. Sending a demand letter or attempting a settlement does not, by itself, stop the prescriptive clock for many offenses; only the actual filing of the complaint interrupts it. Some periods, like the one-year period for libel and the six-month period for oral defamation, are unforgivingly short. If you believe you are a victim of a crime, compute the deadline early and consult a lawyer before it is too late.
Frequently Asked Questions
How long do I have to file a criminal case in the Philippines? It depends on the penalty. Serious crimes prescribe in 15 to 20 years, most correctional offenses in 10 years, libel in 1 year, oral defamation in 6 months, and light offenses in 2 months. Offenses under special laws follow the periods in Act No. 3326.
What happens if the prescriptive period lapses? Criminal liability is extinguished. Even if the accused clearly committed the offense, the State can no longer prosecute, and a case filed too late can be dismissed on the ground of prescription.
When does the prescriptive period start? Generally from the day the offense is discovered by the offended party or the authorities, not necessarily the day it was committed. It is interrupted when the complaint or information is filed.
Does prescription apply to estafa or BP 22? Estafa is a Revised Penal Code offense, so it prescribes under Article 90 based on the penalty involved. BP 22 is a special law, so its prescriptive period is governed by Act No. 3326. A lawyer should compute the exact period for your case.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you need to know whether it is still possible to file your case, our firm can help you compute the deadline and act quickly. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.