Article 90 of the Revised Penal Code: Prescription of crimes
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 4661 (Wording as amended by this law.)
- Amended by: Republic Act No. 9346 (Republic Act No. 9346 prohibits the imposition of the penalty of death (Sec. 1). In its place, reclusion perpetua is imposed when the law violated uses the nomenclature of the penalties of the Revised Penal Code (Sec. 2). Where this article mentions death, read it with that Act.)
What does Article 90 say?
Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The offenses of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application the rules contained in the first, second and third paragraphs of this article.
What does it mean in plain language?
Article 90 sets the time limits for prosecuting crimes under the Revised Penal Code. The period depends on the penalty: twenty years for the gravest crimes, fifteen or ten years for other serious and correctional crimes, five years for crimes punished by arresto mayor, one year for libel, six months for oral defamation and slander by deed, and two months for light offenses. After that time, the crime can no longer be prosecuted.
This time limit is called prescription. It protects people from being charged for very old events, when evidence and witnesses are hard to find. It is also a warning to victims: waiting too long can end a case before it starts.
How does it work in real life?
Lorna: a neighbor's insult
On June 1, Lorna's neighbor insults her in front of other people at the market. If this is oral defamation, Lorna has six months to file. If more than six months pass before a complaint is filed, the case may have prescribed.
Ramil: a punch that kept him home for a week
Ramil is punched and cannot work for seven days. That is slight physical injuries under Article 266, punished by arresto menor. The Code says light offenses prescribe in two months, so Ramil has very little time.
Arnel: an old homicide
Arnel learns that a homicide was committed in his barangay twelve years ago and the suspect was never charged. Homicide is punished by reclusion temporal, so the twenty-year period applies. Twelve years have passed, but the case has not yet prescribed.
What does this mean in practice?
- Raise it as a defense. In Causing, the Court said "prescription is a matter of defense". The accused must show the facts, such as the date of discovery.
- Special laws use other rules. Crimes under special laws (for example, Batas Pambansa Blg. 22 on bouncing checks) follow Act No. 3326, not Article 90. See the prescription of crimes table and prescription of crimes.
- Barangay first, for some cases. Some disputes between neighbors must go through barangay conciliation before a case is filed. Whether a particular offense is covered depends on its penalty and on the parties, so ask the barangay or the prosecutor. See do I need to go to the barangay first?.
- Prescription of penalties is different. Article 90 is about prosecuting a crime. The time limit for enforcing a penalty already imposed by a final judgment is in a separate article.
How many years before a crime prescribes?
| Penalty or offense | Prescribes in |
|---|---|
| Death, reclusion perpetua or reclusion temporal | 20 years |
| Other afflictive penalties (for example, prision mayor) | 15 years |
| Correctional penalties (for example, prision correccional) | 10 years |
| Arresto mayor | 5 years |
| Libel and similar offenses | 1 year |
| Oral defamation and slander by deed | 6 months |
| Light offenses | 2 months |
The rules for the most serious crimes read:
Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
The death penalty can no longer be imposed. Republic Act No. 9346 prohibits it, and reclusion perpetua is imposed in its place when the law uses the penalties of the Revised Penal Code. A crime the Code still punishes with death therefore falls in the twenty-year group either way.
To know which row applies, you need the penalty of the crime and its class. Article 25 sorts the penalties into classes. For example, reclusion perpetua, reclusion temporal and prision mayor are afflictive; prision correccional and arresto mayor are correctional; arresto menor is light. Article 26, as amended by Republic Act No. 10951, also classes fines by amount.
What did Republic Act No. 4661 change?
Republic Act No. 4661 (1966) shortened the period for libel. The original 1930 text, still printed on the Supreme Court E-Library, said libel and similar offenses prescribe in two years. Today the article says:
The crime of libel or other similar offenses shall prescribe in one year.
In Causing v. People (2023), the Supreme Court abandoned an earlier ruling that had given cyber libel a much longer period. It held: "Hence, the crime of Cyber Libel prescribes in one year." The year is counted from discovery under Article 91. See cyber libel over a Facebook post.
What are "light offenses"?
The last period in the list says:
Light offenses prescribe in two months.
Article 9, as amended by Republic Act No. 10951, defines light felonies as those punished by arresto menor or a fine not exceeding ₱40,000, or both. Examples include slight physical injuries and unjust vexation. Note that Article 90 uses the words "light offenses", not "light felonies". The Code says light offenses prescribe in two months, which is a very short window.
What happens when the law gives two penalties at once?
Some crimes carry a compound penalty, such as imprisonment and a fine together. Article 90's last paragraph says that when the penalty "is a compound one, the highest penalty shall be made the basis" for the first three periods (twenty, fifteen and ten or five years). Which of the two penalties is the highest can be a legal question in a specific case, so a lawyer or the prosecutor should check it.
When does the clock start and stop?
Article 90 gives the length. Article 91 explains how it is counted:
- Start. The period starts on the day the crime is discovered by the offended party, the authorities or their agents. It does not always start on the day the crime was committed.
- Interruption. Filing the complaint or information interrupts the period. Under Rule 110, Section 1 of the Rules of Criminal Procedure, a criminal action is instituted by filing the complaint with the proper officer for preliminary investigation or, for offenses that need none, with the prosecutor or directly with the Municipal Trial Court. The institution of the action interrupts prescription unless a special law says otherwise.
- Restart. The period runs again if the proceedings end without the accused being convicted or acquitted, or are unjustifiably stopped for a reason not the accused's fault.
- Absence. The period does not run while the offender is absent from the Philippines.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is prescription of crimes?
It is the time limit for prosecuting a crime. Once the period in Article 90 runs out, the State can no longer prosecute the offender for that crime. In Causing v. People, the Supreme Court called prescription a matter of defense that requires the presentation of evidence.
How long before libel prescribes in the Philippines?
One year. Republic Act No. 4661 changed the period for libel and similar offenses from two years to one year. In Causing v. People (2023), the Supreme Court applied the same one-year period to cyber libel, counted from discovery.
How long before oral defamation prescribes?
Six months. Article 90 gives the same six-month period for oral defamation and slander by deed.
When does the prescriptive period start?
Under Article 91, it starts on the day the crime is discovered by the offended party, the authorities or their agents. It is interrupted by the filing of the complaint or information, and it does not run while the offender is outside the Philippines.
Do murder and homicide prescribe?
Yes, in twenty years. Article 90 gives twenty years for crimes punishable by death, reclusion perpetua or reclusion temporal. Murder is punished by reclusion perpetua and homicide by reclusion temporal.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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