Prescription Period Of Crimes

Crimes are not immediately penalized due to the circumstances that deter the offended party from filing
criminal charges. Sometimes, it may take years for offenders or perpetrators to pay for the crime they
committed. However, the law prescribes a specific time within which an offender may be prosecuted for
the crimes committed.
Why is it important to know the prescription period of a crime?
Does a guilty person go unpunished if the commission of violation already lapses the prescription period?
The offended party or the proper authorities will lose their right to prosecute the perpetrators if they do
not take legal actions within the prescribed period.

Art. 90. Prescription of crime. — 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. = That causes physical or
mental pain

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 crime 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 of the rules contained in the first, second and third paragraphs of this article.

Sections 1 and 2 of Act No. 3326 otherwise known as AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION
FOR VIOLATIONS PENALIZED BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE WHEN
PRESCRIPTION SHALL BEGIN TO RUN states that:

Section 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in
accordance with the following rules:
(a) after a year for offenses punished only by a fine or by imprisonment for not more than one month, or
both;
(b) after four years for those punished by imprisonment for more than one month, but less than two
years;
(c) after eight years for those punished by imprisonment for two years or more, but less than six years;
and
(d) after twelve years for any other offense punished by imprisonment for six years or more, except the
crime of treason, which shall prescribe after twenty years. Violations penalized by municipal
ordinances shall prescribe after two months.

Sec. 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if
the same be not known at the time, from the discovery thereof and the institution of judicial proceeding
for its investigation and punishment.
The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall
begin to run again if the proceedings are dismissed for reasons not constituting jeopardy.
Dear PAO,
Until when may a person who committed a crime or violation of a city ordinance be prosecuted for his
act? Moses

Our laws prescribe a certain time within which a person may be prosecuted for his commission of a crime
or violation of a special law. The failure of the offended party or the proper authorities to commence an
action during these periods shall result in the prescription of the crime or the loss of their right to
prosecute the offenders.
The period of prescription for the prosecution of a crime or a violation of city ordinances and special laws,
shall depend on the duration of the penalty meted out by the law for such violation. The prescriptive
periods for crimes punishable under the Revised Penal Code are found in Article 90 thereof, to wit:
“Article 90. Prescription of crime.—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 crime 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 of the rules contained in the first, second and third paragraphs of this article” (As amended by
Republic Act No. 4661, approved June 19, 1966).

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 (Article 91, Revised Penal Code).

On the other hand, the prescriptive periods for violations penalized by special laws and ordinances are
found in Section 1 of Act 3326, to wit:

“SECTION 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe
in accordance with the following rules:
(a) after a year for offenses punished only by a fine or by imprisonment for not more than one month, or
both; (b) after four years for those punished by imprisonment for more than one month, but less than
two years; (c) after eight years for those punished by imprisonment for two years or more, but less than
six years; and (d) after twelve years for any other offense punished by imprisonment for six years or
more, except the crime of treason, which shall prescribe after twenty years. Violations penalized by
municipal ordinances shall prescribe after two months.”

The period shall begin to run from the day of the commission of the violation of the law, and if the same
be not known at the time, from the discovery thereof and the institution of judicial proceeding for its
investigation and punishment (Section 2, Act 3326).
Under the Constitution, the following are grounds for suspending a citizen’s rights of suffrage: being disqualified by
reason of insanity; being charged with an offence carrying an afflictive penalty or defined by law as a terrorist
act; being charged with drug trafficking, a ground added by the constitutional amendment discussed below; being
sentenced by the Constitutional Court for membership of parties or organizations declared by the Court to be
unconstitutional.

Under the Constitution, the following are grounds for suspending a citizen's rights of suffrage: being disqualified by
reason of insanity; being charged with an offence carrying an afflictive penalty or defined by law as a terrorist
act; being charged with drug trafficking, a ground added by the constitutional amendment discussed below; being
sentenced by the Constitutional Court for membership of parties or organizations declared by the Court to be
unconstitutional

Thus: (a) 12 hours for offenses punishable by light penalties; (b) 18 hours for offenses punishable by correctional
penalties; and, (c) 36 hours for offenses punishable by afflictive penalties.

Thus: (a) # hours for offenses punishable by light penalties; (b) # hours for offenses punishable by correctional
penalties; and, (c) # hours for offenses punishable by afflictive penalties

Article # of the RPC penalizes, in varying degrees, delay in the delivery of detained persons to the proper judicial
authorities by any public officer or employee within the period of # hours, for crimes and offenses punishable by
light penalties # hours, for those punishable by correctional penalties; and # hours for those punishable
by afflictive or capital penalties- or their equivalent in all three instances

Article 125 of the RPC penalizes, in varying degrees, delay in the delivery of detained persons to the proper judicial
authorities by any public officer or employee within the period of: 12 hours, for crimes and offenses punishable by
light penalties; 18 hours, for those punishable by correctional penalties; and 36 hours for those punishable
by afflictive or capital penalties ‐ or their equivalent in all three instances.

Article # of the RPC provides that a public officer or employee who shall detain any person for some legal ground
should deliver such person to the proper judicial authorities (i.e., Supreme Court and such inferior courts as may be
established by law) within the period of # hours for crimes or offenses punishable by light penalties or their equivalent
# hours for crimes or offenses punishable by correctional penalties or their equivalent; and # hours for crimes or
offenses punishable by afflictive or capital penalties or their equivalent

Article 125 of the RPC provides that a public officer or employee who shall detain any person for some legal ground
should deliver such person to the proper judicial authorities (i.e., Supreme Court and such inferior courts as may be
established by law) within the period of: 12 hours for crimes or offenses punishable by light penalties or their
equivalent; 18 hours for crimes or offenses punishable by correctional penalties or their equivalent; and 36 hours for
crimes or offenses punishable by afflictive or capital penalties or their equivalent.

Art # provides that a public officer or employee who shall detain any person for some legal ground should deliver such
person to the proper judicial authorities (i.e., Supreme Court and such inferior courts as may be established by
law) within the period of # hours for crimes or offenses punishable by light penalties or their equivalent, like arresto
menor, public censure # hours for crimes or offenses punishable by correctional penalties or their equivalent, like
prision correctional, arresto mayor, destierro; and # hours for crimes or offenses punishable by afflictive or
capital penalties or their equivalent, like death penalty, reclusion perpetua, reclusion temporal, prision mayor

Art 125 provides that a public officer or employee who shall detain any person for some legal ground should deliver
such person to the proper judicial authorities (i.e., Supreme Court and such inferior courts as may be established by
law) within the period of: 12 hours for crimes or offenses punishable by light penalties or their equivalent, like arresto
menor, public censure; 18 hours for crimes or offenses punishable by correctional penalties or their equivalent, like
prision correctional, arresto mayor, destierro; and, 36 hours for crimes or offenses punishable by afflictive or
capital penalties or their equivalent, like death penalty, reclusion perpetua, reclusion temporal, prision mayor.

� Article 27: Imprisonment for debt, life imprisonment, afflictive punishments, proscriptive penaltiesand all forms of
torture are prohibited.

Article # mprisonment for debt, life imprisonment, afflictive punishments, proscriptive penalties and all forms of torture
are prohibited

Update and simplify the legislation on the categorization of offences (minor offences, ordinary offences and serious
offences) and penalties (minor penalties, correctional penalties and afflictive or infamous punishment) in articles 1
and 6-43 of the Criminal Code;

As inmates sentenced to death are placed in an extreme situation where they must wait for execution of the
death penalty, they are afflicted by extraordinary mental instability and emotional distress.

Anyone found to be insane at the time of commission of an offence is exempted from the penalty (art # of the Penal
Code). If the offender is afflicted with insanity after committing an offence, during the investigation or trial or after
sentencing, enforcement of the penalty is deferred until he is cured
Anyone found to be insane at the time of commission of an offence is exempted from the penalty (art. 230 of the Penal
Code). If the offender is afflicted with insanity after committing an offence, during the investigation or trial or after
sentencing, enforcement of the penalty is deferred until he is cured.

They have also repeatedly confused the issue of lack of maturity of children due to their age with the diminished
responsibility of individuals with mental illness, concluding that a juvenile offender was not “afflicted with insanity” and
therefore deserved the death penalty.

Nevertheless, the expectation of the benefits which was hoped for is greater than the reality; indeed, the common
people, more oppressed than they were before, are deprived in their misery of that solace which, if things had been
arranged in a Christian manner, they would have had with ease and in abundance. But, whoever strive against the
order which Divine Providence has constituted pay usually the penalty of their pride, and meet with affliction and
misery where they rashly hoped to find all things prosperous and in conformity with their desires.

But, whoever strive against the order which Divine Providence has constituted pay usually the penaltyof their pride,
and meet with affliction and misery where they rashly hoped to find all things prosperous and in conformity with their
desires.

Consequently, as regards the difference in treatment, it is clearly apparent, firstly, from the fact that a criminal fine, by
its very nature and afflictive purpose, is, in principle, more punitive in character than an administrative penalty, even
if the amount of the latter is identical.

If the offender is afflicted with insanity after committing an offence, during the investigation or trial or after sentencing,
enforcement of the penalty is deferred until he is cured.

If the offender is afflicted with insanity after committing an offence, during the investigation or trial or after sentencing,
enforcement of the penalty is deferred until he is cured

If an offender was afflicted with a mental disorder which reduced his power of discretion or volition at the time of
commission of the offence, the penalty is reduced in accordance with the provisions of articles 232 and 241 of the
Penal Code.

If an offender was afflicted with a mental disorder which reduced his power of discretion or volition at the time of
commission of the offence, the penalty is reduced in accordance with the provisions of articles # and # of the Penal
Code