PRESCRIPTION

I. PRESCRIPTION OF CRIME.

20
YEARS
Death
Reclusion perpetua 20YEARS & 1DAY to 40YEARS
Reclusion temporal 12YEARS & 1DY to 20YEARS

15
YEARS
Prision mayor 6YEARS & 1DAY to 12YEARS

10
YEARS
Prision correcional 6MOS & 1DAY to 6YEARS

5
YEARS
Aresto mayor 1MO & 1DAY to 6MOS

1 libel
PRISION CORRECCIONAL MIN & MED
YEAR FINE ₱40,000 TO ₱1,200,000

oral defamation
6 ARRESTO MAYOR MAX TO PRISION CORR MIN
slander by deed
MONTHS ARRESTO MAYOR MAX TO PRISION CORR.
 2
MONTHS
Aresto menor 1DAY to 30DYS

WHEN THE PENALTY FIXED BY LAW IS A

COMPOUND COMPOUND ONE, THE HIGHEST PENALTY
PENALTY SHALL BE MADE THE BASIS OF THE
APPLICATION OF THE RULES CONTAINED
HIGHEST PENALTY IN THE FIRST, SECOND AND THIRD
IS BASIS PARAGRAPHS OF THIS ARTICLE.

II. Computation of Prescription of Offenses.

The period of prescription

shall COMMENCE TO RUN from the day on which the

crime is discovered by the offended party, the authorities,
or their agents, and

shall be INTERRUPTED by the filing of the complaint

or information, and

shall COMMENCE TO RUN AGAIN when such

proceedings:

- terminate without the accused being

convicted or acquitted, or

- are unjustifiably stopped for any reason not

imputable to him.
Article 91, RPC.
A. Revised Penal Code.

For an offense penalized under the REVISED PENAL

CODE, the period of prescription

COMMENCES TO RUN:

from the day on which the crime is

discovered

by the offended party, the authorities, or

their agents,

and shall be INTERRUPTED:

a) by the filing of the complaint

with the Office of the City/Provincial
Prosecutor; or wit the Office of the
Ombudsman;1 or

b) by the filing of the complaint

or information with the court
even if it is merely for purposes of
preliminary examination or
investigation, or even if the court
where the complaint or
information is filed cannot try
the case on its merits.2

HOWEVER, for an offense covered by the Rules on

Summary Procedure,
the period of prescription
is INTERRUPTED only by the filing of the
complaint or information in court.3

The prescription of an offense filed before the

Prosecutor or Ombudsman shall commence to RUN
AGAIN when such proceedings terminate.

1
Llenes vs. Dicdican, 260 SCRA 207 (1996).
2
Ibid.
3
Ibid.
 The prescription of an offense filed in court starts to
RUN AGAIN when the proceedings:

terminate without the accused being

convicted or acquitted or

are unjustifiably stopped for any reason not

imputable to the accused.4

B. Special Law or Ordinance.

For violation of a SPECIAL LAW OR ORDINANCE,

the period of prescription shall COMMENCE TO RUN

from the day of the COMMISSION OF THE

VIOLATION, and

if the same is not known at the time, from the

discovery and the institution of judicial
proceedings for its investigation and
punishment.

The prescription:

shall be INTERRUPTED only by the filing of

the complaint or information in court and

shall begin to RUN AGAIN if the proceedings

are dismissed for reasons not constituting
double jeopardy.5

C. Katarungang Pambarangay.

For cases falling within the jurisdiction of the

KATARUNGANG PAMBARANGAY, the period of
prescription is likewise

INTERRUPTED by the filing of the complaint with

4
An. 91 Revised Penal Code.
5
Sec. 2, Act No.3326, as amended.
 the punong barangay;

but shall resume to RUN AGAIN upon receipt by

the complainant of the certificate of repudiation or
of the certification to file action issued by the lupon
or pangkat secretary;

Provided, however, That such interruption shall

not exceed sixty (60) days from the filing of the
complaint with the punong barangay.6

Prescription SHALL NOT RUN when the offender is

absent from the country.7

In cases where the imposable penalty is imprisonment

and/or a fine, the greater penalty shall be the basis for the
computation of prescription.

PRESCRIPTION
RPC SPECIAL LAW

DATE OF COMMISSION

DATE OF DISCOVERY RUNS

RUNS
Prescription
Prescriptio In cases where the shall not run
n shall not imposable penalty is when the
run when imprisonment and/or a offender is
the fine, the greater penalty absent from
offender is shall be the basis for the the country
absent computation of
from the prescription.
country.

KATARUNGANG
PAMBARANGAY

6
Sec. 40 par.,Local Govt. Code.
7
Art. 91, par. 2, Revised Penal Code.
 INTERRUPTED

FILING OF
COMPLAINT

PUNONG
BARANGAY

NOT MORE THAN

60 DAYS

RUNS
AGAIN

COMPLAINANT’S RECEIPT
OF THE CERTIFICATE OF
REPUDIATION ISSUED BY
THE LUPON OR PANGKAT
SECRETARY

COMPLAINANT’S
RECEIPT OF THE
CERTIFICATION TO FILE
ACTION ISSUED BY THE
LUPON OR PANGKAT
SECRETARY

INTERRUPTED

ORDINARY
FILING OF
COMPLAINT

OP/OMB INTERRUPTED

FILING OF FILING OF
COMPLAINT/ COMPLAINT/
INFORMATION INFORMATION

COURT COURT

INTERRUPTED
 SUMMARY
FILING OF
COMPLAINT/
INFORMATION

COURT

RUNS
AGAIN

WHEN
PROCEEDINGS
TERMINATE

RUNS RUNS
AGAIN AGAIN

WHEN PROCEEDINGS
PROCEEDINGS DISMISSED FOR
TERMINATE REASONS NOT
WITHOUT THE DOUBLE JEOPARDY
ACCUSED BEING
CONVICTED/
ACQUITTED

WHEN
PROCEEDINGS ARE
UNJUSTIFIABLY
STOPPED FOR ANY
REASON NOT
IMPUTABLE TO THE
ACCUSED