Prescription of Crimes in the Philippines: Table
Time limits to file a criminal case: 20 years for the heaviest crimes, 1 year for libel and cyber libel, 4 years for BP 22, 2 months for light offenses.
| Crime or penalty | Prescribes in | When the time starts | Examples | Source |
|---|---|---|---|---|
| Crimes punished by death, reclusion perpetua or reclusion temporal | 20 years | From discovery of the crime by the offended party, the authorities or their agents (Article 91) | Murder; homicide (reclusion temporal) | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| Crimes punished by other afflictive penalties, such as prision mayor | 15 years | From discovery (Article 91) | Estafa by bouncing check in the lowest amount bracket (prision mayor in its minimum period) | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| Crimes punished by a correctional penalty, such as prision correccional (except arresto mayor) | 10 years | From discovery (Article 91) | Estafa other than by bouncing check, in the bracket punished by prision correccional in its minimum and medium periods | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| Crimes punished by arresto mayor | 5 years | From discovery (Article 91) | Less serious physical injuries; estafa in the lowest amount bracket, other than by bouncing check | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| Libel and other similar offenses | 1 year | From discovery of the libel by the offended party, the authorities or their agents (Article 91) | Defamatory article in a newspaper, or on radio | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| Cyber libel (libel committed through a computer system, Republic Act No. 10175) | 1 year | From discovery by the offended party, the authorities or their agents (Causing v. People, 2023) | Defamatory Facebook post by its author | Causing v. People (2023), Supreme Court E-Library |
| Oral defamation (slander) and slander by deed | 6 months | From discovery (Article 91) | Insulting a neighbor out loud in front of other people | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| Light offenses (the Code's words) | 2 months | From discovery (Article 91) | See the notes on light offenses | Republic Act No. 4661 (Article 90 of the Revised Penal Code), Supreme Court E-Library |
| BP 22 (Bouncing Checks Law) | 4 years | From the commission of the offense or, if not known at the time, from its discovery | Issuing a check that bounces for lack of funds | Panaguiton v. Department of Justice (2008), Supreme Court E-Library |
| Special law with no time limit of its own: punished only by a fine, or by imprisonment of not more than 1 month, or both | 1 year | From the commission of the violation or, if not known at the time, from its discovery (Act No. 3326, Sec. 2) | None given in this table | Act No. 3326 (1926), Sec. 1(a), Supreme Court E-Library |
| Special law with no time limit of its own: imprisonment of more than 1 month but less than 2 years | 4 years | From the commission or, if not known at the time, from discovery (Act No. 3326, Sec. 2) | BP 22 (up to 1 year of imprisonment) | Act No. 3326 (1926), Sec. 1(b), Supreme Court E-Library |
| Special law with no time limit of its own: imprisonment of 2 years or more but less than 6 years | 8 years | From the commission or, if not known at the time, from discovery (Act No. 3326, Sec. 2) | None given in this table | Act No. 3326 (1926), Sec. 1(c), Supreme Court E-Library |
| Special law with no time limit of its own: imprisonment of 6 years or more | 12 years (treason: 20 years) | From the commission or, if not known at the time, from discovery (Act No. 3326, Sec. 2) | None given in this table | Act No. 3326 (1926), Sec. 1(d), Supreme Court E-Library |
| Violation of a municipal ordinance | 2 months | From the commission or, if not known at the time, from discovery (Act No. 3326, Sec. 2) | None given in this table | Act No. 3326 (1926), Sec. 1, Supreme Court E-Library |
Notes
- Prescription is the time limit for filing a criminal case. To use the first rows, you need the class of the penalty: see Duration of penalties.
- When the time starts and stops (Article 91): the time runs from the day the crime is discovered by the offended party, the authorities or their agents. Filing the complaint or information interrupts it. It does not run while the offender is absent from the Philippines.
- For BP 22, the Supreme Court held in Panaguiton v. Department of Justice (2008) that filing the complaint-affidavit with the city prosecutor interrupted the four years. The Court rejected the view that only the filing of a case in court stops the time. See BP 22 vs estafa.
- In Causing v. People (2023), the Supreme Court abandoned an earlier ruling that cyber libel prescribes in 15 years. It held that cyber libel prescribes in one year, counted from discovery. See Causing v. People.
- When the penalty is a compound one, Article 90 says "the highest penalty shall be made the basis" of the 20-year, 15-year and 10-year rules.
- Light offenses: Article 90 says "Light offenses prescribe in two months." Article 9 of the Code uses a similar term, light felonies, for crimes punished by arresto menor or a small fine. This table does not decide that the two terms always mean the same thing, and the fine limit in Article 9 and the fine classes in Article 26 do not line up exactly. Two months is a very short time. For estafa amounts, see Estafa penalties by amount.
- The Act No. 3326 rows follow its text on the Supreme Court E-Library. They apply only when the special law does not set its own time limit. Check the exact law with a lawyer.
- Made-up example: Mila received a check dated March 2021 that bounced the same month. She filed a BP 22 complaint with the city prosecutor in January 2025, less than four years later. Under Panaguiton, that filing interrupted the time limit.
- Made-up example: Rolly caused less serious physical injuries and then left to work abroad for three years. Under Article 91, the five years do not run while he is outside the Philippines.
- For a full explanation, see How many years before a criminal case prescribes? and Article 90. For debts and other civil cases, see How many years can you collect a debt? If your time limit may be close, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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