Quick answer

To determine the prescriptive period, identify:

The exact civil claim, criminal offense, or administrative remedy;
The statute or rule governing it;
The event that started the period;
Any legally recognized interruption or suspension; and
The act that legally counts as filing.

Use the shortest reasonably applicable period and the earliest plausible starting date until a lawyer verifies otherwise. The Civil Code’s general periods do not override special laws. A demand letter, police blotter, barangay complaint, or settlement discussion does not automatically stop every deadline.

Prescription can bar a civil action and may extinguish criminal liability. Separate deadlines—such as periods for appeals, protests, administrative complaints, and notices—can be much shorter.

A reliable way to calculate the period

Prepare a written timeline, then answer these questions in order.

1. What exactly will be filed?

Describe the legal basis, not merely the desired result.

For example, “I want my money back” might involve:

Enforcement of a written loan;
Enforcement of an oral agreement;
Recovery based on fraud;
A quasi-contract;
A labor money claim;
A civil action arising from a crime; or
A criminal complaint for estafa or violation of a special law.

Those claims may have different periods even when they arise from the same transaction. A complaint may also contain several causes of action with separate clocks.

For criminal matters, identify the precise offense and the penalty prescribed by the law. Do not calculate from the offense’s popular name, the penalty the complainant expects, or the sentence eventually imposed.

2. Which law controls?

Check sources in this order:

The statute creating the claim, offense, or remedy;
Its amendments and implementing rules;
The applicable Rules of Court or agency rules;
Supreme Court decisions interpreting those provisions; and
The Civil Code or Revised Penal Code only when applicable directly or suppletorily.

A special law may provide its own period, starting event, and interruption rule. If it does, that specific rule ordinarily controls over a general provision.

3. When did the cause of action or offense accrue?

For civil actions, the general rule is that prescription runs from the day the action may legally be brought. A cause of action ordinarily requires:

A legal right belonging to the claimant;
A corresponding obligation of the other party; and
An act or omission violating that right.

The date a contract was signed is therefore not always the starting date. The clock may begin upon maturity, nonpayment, breach, termination, refusal after a required demand, or another event specified by law or contract.

For criminal offenses under the Revised Penal Code, Article 91 generally reckons prescription from discovery of the crime by the offended party, the authorities, or their agents. For offenses under special laws, the governing statute may instead use commission, discovery, or another event.

Do not assume that every continuing consequence is a “continuing violation.” Whether later conduct creates a new offense or cause of action depends on the elements of the law and the proven facts.

4. Was the clock legally interrupted or suspended?

Only rely on a ground recognized by the applicable law.

“Interruption” may cause a fresh period to begin, while “suspension” may merely pause the remaining time. The exact effect depends on the governing provision. Informal negotiations and promises to settle generally should not be treated as protection against prescription.

5. What act counts as filing?

A civil action is generally commenced by filing the original complaint in court. If a defendant is added later, the action against that defendant is commenced only when the later pleading impleading that person is filed. See the 2019 Amendments to the Rules of Civil Procedure.

The correct forum, parties, filing requirements, and fees matter. Court filing methods have also changed: Rule 13-A governs mandatory electronic filing and service in covered civil cases before first- and second-level courts. Confirm the current method for the particular court and case through the Supreme Court’s official electronic-filing page. Do not assume that sending an ordinary email constitutes filing.

General periods for civil actions

The following are default periods under Articles 1139–1155 of the Civil Code. They are subject to special laws and more specific Civil Code provisions.

Type of civil action	General period
Recovery of movable property from loss of possession	8 years
Real action over immovable property	30 years
Mortgage action	10 years
Action upon a written contract	10 years
Action upon an obligation created by law	10 years
Action upon a judgment	10 years
Action upon an oral contract	6 years
Action upon a quasi-contract	6 years
Action for injury to the claimant’s rights	4 years
Action based on quasi-delict	4 years
Forcible entry or unlawful detainer	1 year
Civil action for defamation	1 year
Other actions without a period fixed elsewhere	5 years

These classifications require care:

A document, invoice, receipt, or check does not necessarily make the underlying agreement a “written contract.” The writing generally must embody the undertaking being enforced.
A claim labeled “damages” does not automatically use the four-year period. Courts look at the source of the obligation and the principal relief sought.
For recurring obligations, such as periodic payments, separate amounts may accrue on separate dates.
An ejectment case has specialized rules for determining the one-year period. A different possessory action may remain possible after the summary ejectment period, but that depends on the right asserted and the facts.
Some rights and actions do not prescribe. Examples include specified rights concerning easements and nuisances under Article 1143 and an action or defense to declare an inexistent contract under Article 1410. Delay may still create evidentiary or equitable problems.
Special provisions govern matters such as voidable contracts, warranties, family relations, succession, registered land, intellectual property, insurance, transportation, and claims involving the government.

Enforcement of a judgment has a two-stage rule

Although an action upon a judgment has a ten-year period under Article 1144, Rule 39 provides that a final judgment may ordinarily be executed by motion within five years from entry. After that period, and before the judgment is barred, enforcement generally requires an independent action. The Supreme Court explains this distinction in Villarreal v. Aliga.

When civil prescription is interrupted

Article 1155 of the Civil Code recognizes three general grounds:

Filing the action in court;
A written extrajudicial demand by the creditor; and
A written acknowledgment of the debt by the debtor.

A timely written demand in a creditor-debtor relationship normally causes the applicable period to begin anew upon receipt. Preserve proof of the demand’s contents, transmission, and receipt. Article 1155 is not a universal rule for every kind of civil action, and a demand made after the claim has already prescribed should not be assumed to revive it.

A partial payment or written request for more time may constitute acknowledgment, but the document and surrounding circumstances must be examined. An oral demand, private negotiation, unanswered settlement proposal, or complaint sent to an office without jurisdiction should not be relied upon as an interruption.

Article 1154 also excludes a period during which a fortuitous event legally prevented the obligee from enforcing the right. This is a narrow, fact-dependent rule—not a general excuse for inconvenience, financial difficulty, or lack of legal knowledge.

Barangay conciliation

When the Katarungang Pambarangay process applies, prior barangay conciliation is generally a condition before filing in court. Filing the barangay complaint interrupts prescription, but the interruption cannot exceed 60 days. The period resumes upon receipt of the appropriate certificate or upon expiration of that statutory limit. See Sections 410 and 412 of the Local Government Code.

Not every dispute is within lupon authority. Residence, the nature of the parties, the location of real property, the seriousness of a criminal offense, and statutory exceptions—including situations requiring urgent legal action—can affect whether barangay proceedings are required.

Do not wait for the 60th day before preparing the court case.

Labor cases

Labor claims use specialized periods. Common examples include:

Money claims arising from employment: generally three years from accrual under Article 306 of the Labor Code;
Illegal dismissal: generally four years from dismissal under Article 1146 of the Civil Code; and
Unfair labor practice: governed by its own shorter Labor Code period.

A request for assistance under the Single Entry Approach may affect prescription under Republic Act No. 10396. Because labor complaints may combine dismissal, wage, benefit, and unfair-labor-practice claims, calculate each component separately.

General periods for criminal offenses

Offenses under the Revised Penal Code

Article 90, as amended, generally provides:

Penalty or offense	Prescriptive period
Death, reclusion perpetua, or reclusion temporal	20 years
Other afflictive penalties	15 years
Correctional penalties	10 years
Arresto mayor	5 years
Libel or another similar offense	1 year
Oral defamation or slander by deed	6 months
Light offenses	2 months

If the law prescribes a compound penalty, the highest penalty is used in determining prescription. Republic Act No. 4661 reduced the period for libel and similar offenses to one year. See the official text of Republic Act No. 4661.

For offenses punished by a fine, the fine’s legal classification may affect the applicable period. The thresholds were adjusted by Republic Act No. 10951. The law in force when the offense was committed—and rules on retroactive application of a more favorable penal law—must be examined.

Under Article 91:

Prescription begins upon discovery by the offended party, authorities, or their agents;
It is interrupted by filing the complaint or information;
It may run again if proceedings end without conviction or acquittal, or are unjustifiably stopped for a reason not attributable to the accused; and
It does not run while the offender is absent from the Philippines.

Offenses under special laws

First check whether the special statute states its own period. For example:

The Anti-Violence Against Women and Their Children Act provides 20 years for acts under Sections 5(a)–(f) and 10 years for acts under Sections 5(g)–(i). See Section 24 of Republic Act No. 9262.
Anti-graft offenses under Republic Act No. 3019 now have a 20-year period under Republic Act No. 10910. Which period applies to older conduct may require a separate retroactivity analysis.
The Supreme Court has ruled that cyberlibel prescribes in one year under Article 90 as amended by Republic Act No. 4661. See Causing v. People.

If the special law is silent, Act No. 3326 generally supplies these periods:

Penalty under the special law	Default period
Fine only, or imprisonment not exceeding 1 month, or both	1 year
Imprisonment over 1 month but under 2 years	4 years
Imprisonment of at least 2 years but under 6 years	8 years
Imprisonment of at least 6 years	12 years
Violation of a municipal ordinance	2 months

Act No. 3326 generally starts the period from commission or, if the violation was not then known, from discovery under the statute’s wording and controlling decisions. Proceedings instituted against the accused interrupt the period; it may begin again when proceedings are dismissed for reasons not constituting jeopardy.

What filing interrupts criminal prescription?

Under Rule 110 of the Revised Rules of Criminal Procedure:

If preliminary investigation is required, the criminal action is instituted by filing the complaint with the proper officer for that investigation.
For other offenses, the rule permits filing in the proper first-level court or prosecutor’s office, subject to the stated rules for Manila, chartered cities, and special laws.

The Supreme Court has held that filing a complaint with the prosecutor or Ombudsman for preliminary investigation can interrupt prescription for offenses under special laws. See People v. Lee.

Municipal-ordinance violations require special caution. Their two-month period is exceptionally short, and Supreme Court decisions have treated filing the information in court—not merely filing with the prosecutor—as the interrupting act in ordinance cases. See Jadewell Parking Systems Corp. v. Lidua.

A police blotter, report to a private organization, social-media complaint, or ordinary barangay report is not necessarily the institution of a criminal action. Obtain proof that a proper complaint was actually filed with the legally authorized office.

How to count the final day

Use the computation rule applicable to the particular statute, court, or agency. Under Rule 22, the triggering day is generally excluded and the last day included. If the final day falls on a Saturday, Sunday, or legal holiday where the court sits, the period generally extends to the next working day.

Do not automatically apply that extension to every contractual, administrative, or non-court deadline. Check the governing text.

A safe calculation worksheet should contain:

Item	Entry
Exact claim or offense
Controlling provision
Applicable period
Earliest possible starting date
Alternative starting date and reason
Interrupting event
Legal basis for interruption
Date interruption began and ended
Earliest possible deadline
Correct filing office or court
Filing requirements and proof

If two interpretations are possible, work from the earlier deadline. Do not plan to file on the final day.

Evidence to preserve immediately

Keep originals where available and make secure copies of:

Contracts, promissory notes, invoices, receipts, checks, and account statements;
Notices of default, termination, dishonor, assessment, rejection, or demand;
Proof of mailing, delivery, email transmission, and actual receipt;
Written acknowledgments, partial-payment records, and settlement messages;
Employment records, payslips, schedules, disciplinary notices, and termination documents;
Medical records, photographs, CCTV footage, recordings, and witness details;
Complete electronic messages and posts, including dates, URLs, headers, and account information;
Police, prosecutor, barangay, agency, or court docket records;
Certificates to file action and records of mandatory conciliation;
Orders, decisions, envelopes, electronic notices, and proof showing when they were received; and
Stamped copies, electronic acknowledgments, official receipts, and docket numbers proving filing.

Create a chronology showing the date, event, supporting document, and person who can authenticate it. Avoid editing original electronic files.

Common mistakes

Using the longest period found online without identifying the exact cause of action;
Counting from contract signing instead of breach or accrual;
Assuming any piece of written evidence creates a ten-year written-contract claim;
Treating a demand letter as mandatory or interruptive in every case;
Waiting for negotiations, mediation, or a verbal promise to pay;
Assuming a police blotter or barangay report interrupts criminal prescription;
Filing in the wrong office and assuming the deadline is protected;
Ignoring mandatory barangay, labor, tax, or administrative pre-filing procedures;
Treating continuing damage as a continuing violation;
Applying today’s penalty without checking the law applicable when the offense occurred;
Forgetting that different claims in one complaint may have different periods;
Confusing prescription with appeal, reconsideration, protest, or notice deadlines; and
Withdrawing or allowing dismissal of a case without checking whether the original filing still protects the claim.

When legal help is urgent

Consult a Philippine lawyer immediately when:

Any plausible deadline is within 90 days;
The matter involves an ordinance, defamation, cyberlibel, ejectment, dishonored check, election dispute, tax assessment, or administrative appeal;
A court, prosecutor, barangay, employer, or government agency has issued a dated notice or order;
The claimant is unsure whether a demand or prior conciliation is required;
A complaint was previously dismissed, withdrawn, or filed in the wrong forum;
A party is leaving the Philippines or concealing assets;
Digital, medical, or surveillance evidence may soon disappear; or
Violence, threats, detention, child safety, or the need for a protection order is involved.

Urgent protective remedies should not be delayed merely to finish calculating prescription.

Frequently asked questions

Does prescription always start on the date of the incident?

No. Civil prescription usually begins when the action may legally be brought. Criminal statutes may use commission, discovery, or another specified event. The exact elements and documents determine the starting date.

Is a written demand enough to stop the deadline?

For civil obligations covered by Article 1155, a timely written extrajudicial demand may interrupt prescription. It does not automatically protect criminal, administrative, or every other civil claim. Preserve proof of receipt.

Does filing at the barangay stop prescription?

When barangay conciliation applies, filing generally interrupts the period for no more than 60 days. The clock can resume earlier upon receipt of the appropriate certificate.

Does a police blotter stop criminal prescription?

Not necessarily. The interrupting act is the filing recognized by the governing penal law and Rule 110. A blotter is primarily a record of a report.

What happens if the first case is dismissed or withdrawn?

Do not assume the original filing permanently saved the claim. The result depends on the reason for dismissal, whether it was with or without prejudice, the governing interruption rule, and how much time remained. In labor cases, the Supreme Court has held in some circumstances that withdrawal leaves prescription running as though the action had not been filed.

Does lack of knowledge of the law extend the period?

Generally, no. A statutory discovery rule concerns discovery of legally relevant facts or the offense—not simply learning later that a lawsuit was possible.

Can a different remedy still be filed after one period expires?

Possibly, but only if it is a genuinely distinct and legally available cause of action. Changing the label or prayer does not revive an expired claim.

Can prescription be raised even if the parties did not discuss it before filing?

In civil cases, prescription is generally raised as a defense and may be resolved from the pleadings when the relevant dates are clear. In criminal cases, prescription extinguishes criminal liability and may support a motion to quash.

Official primary sources

This article provides general legal information, not advice for a particular case. Prescription depends on the exact allegations, documents, applicable version of the law, and filing history. Primary sources were checked through August 10, 2026.