Quick answer

The prescriptive period is the legal time limit for starting a case. To determine it correctly, identify:

The true nature of the claim or offense;
The law that creates the right, remedy, or crime;
The event that started the period;
Any valid interruption, suspension, or restart of the period; and
What filing the law recognizes as sufficient.

There is no single deadline for all Philippine cases. A civil claim may prescribe in one, four, six, ten, or thirty years; a criminal offense may prescribe in as little as two months; and a special law may provide a different period, a different starting date, or no prescription at all. Use the earliest reasonably defensible deadline and avoid waiting for the last day.

A reliable way to determine the deadline

Prepare a written prescription worksheet containing these entries:

Question	What to record
What happened?	Each material act, omission, payment, publication, demand, notice, and discovery date
What case is contemplated?	The exact civil cause of action, criminal offense, labor claim, administrative remedy, or special proceeding
What law controls?	The special statute first; otherwise, the Civil Code, Revised Penal Code, Act No. 3326, or applicable procedural rule
When did the right or offense accrue?	The date all elements existed and the case could legally be brought
Was the violation concealed?	The date and circumstances of actual or legally recognized discovery
Was the period interrupted?	Court, prosecutor, or barangay filing; written demand; written acknowledgment; and proof of each
When does it expire?	Original deadline and adjusted deadline, calculated separately
Where and how must filing occur?	Correct court, prosecutor, agency, or tribunal; fees; paper and electronic requirements
What is the safe filing date?	A working date comfortably before the calculated deadline

If several legal theories are possible, calculate each separately. An accident, for example, may produce a criminal case, a civil action based on quasi-delict, and an insurance claim with different rules.

Identify the case by its substance, not its label

The title placed on a complaint does not determine prescription. Courts examine the material allegations and the relief actually sought. A document labeled “annulment,” “collection,” “damages,” or “breach of contract” may legally be a different action.

Ask:

What legal right was violated?
What act or omission completed the violation?
What remedy is being requested?
Is the duty based on a written contract, an oral agreement, a statute, a judgment, a tort, or another source?
For a criminal case, what are the statutory elements and the penalty prescribed by law?

The Supreme Court has repeatedly held that the allegations and relief sought—not merely the caption—determine the nature of an action. See, for example, Hirakawa v. Windward International, Inc..

Common prescriptive periods for civil actions

The following are general periods under Articles 1139 to 1155 of the Civil Code. They do not override a more specific provision in the Civil Code or a special law.

Civil action	General period
Recovery of movable property	8 years from loss of possession, subject to statutory exceptions
Real action over immovable property	30 years, subject to land-registration and other special rules
Foreclosure or other mortgage action	10 years
Action upon a written contract	10 years from accrual
Action upon an obligation created by law	10 years from accrual
Action upon a judgment	10 years from finality, subject to Rule 39 on execution
Action upon an oral contract	6 years
Action upon a quasi-contract	6 years
Action for injury to the plaintiff’s rights	4 years
Action based on quasi-delict	4 years
Forcible entry or unlawful detainer	1 year under the applicable ejectment rule
Civil action for defamation	1 year
Action with no period fixed elsewhere	5 years from accrual

These classifications can be deceptive. Important qualifications include:

A ten-year period for a written contract ordinarily begins when the cause of action accrues, not automatically when the contract is signed.
Each unpaid installment or recurring benefit may have its own accrual date.
For judgments, execution by motion is generally available only within five years from entry. After that, but before the ten-year limitation expires, an independent action to revive the judgment is ordinarily required under Rule 39, Section 6.
Actions involving registered land, reconveyance, trusts, possession, void instruments, or quieting of title have significant doctrinal exceptions. The thirty-year entry should never be applied mechanically.
Some rights and actions are expressly imprescriptible. Examples include the actions specified in Civil Code Article 1143 and an action or defense to declare an inexistent contract under Article 1410.

Special civil and labor periods control

Always check the statute governing the particular dispute before relying on the Civil Code table. For example:

Money claims arising from employer-employee relations generally prescribe in three years under Article 306 of the Labor Code. The period may apply separately to each unpaid wage or benefit. See Villarico v. D.M. Consunji, Inc..
An illegal-dismissal complaint generally prescribes in four years because it is an action for injury to rights. See Gallego v. Wallem Maritime Services, Inc..
Family, tax, election, intellectual-property, agrarian, insurance, estate, corporate, procurement, and administrative matters may have their own periods and mandatory preliminary remedies.
Contractual notice or claim periods may operate separately from statutory prescription, especially in insurance, carriage, and construction disputes.

Prescriptive periods for criminal offenses

Offenses under the Revised Penal Code

Article 90 of the Revised Penal Code generally provides:

Penalty or offense	Prescriptive period
Punishable by death, reclusion perpetua, or reclusion temporal	20 years
Punishable by another afflictive penalty	15 years
Punishable by a correctional penalty	10 years
Punishable by arresto mayor	5 years
Libel or another similar offense	1 year
Oral defamation or slander by deed	6 months
Light offense	2 months

If the statutory penalty is compound, the highest penalty is generally used for this calculation. Determine the penalty prescribed by law for the offense—not the penalty that may eventually be imposed after considering mitigating circumstances.

Under Article 91, the period generally runs from discovery of the crime by the offended party, the authorities, or their agents. It is interrupted by the legally recognized filing of a complaint or information, may run again when proceedings terminate without conviction or acquittal or are unjustifiably stopped for a reason not attributable to the accused, and does not run while the offender is absent from the Philippines.

Offenses under special laws and ordinances

First examine the special law itself. If it contains its own prescription provision, that provision controls. If it does not, Act No. 3326 generally provides:

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

Act No. 3326 generally counts from commission. If the violation was not known then, its discovery becomes material. Special statutes may change the period, trigger, or interruption rule, and some offenses are expressly made imprescriptible.

In People v. Consebido, the Supreme Court clarified that filing a criminal complaint with the prosecution office interrupts prescription, including for cases subjected to summary investigation, with the Court’s new rule applied prospectively. Older incidents and cases affected by earlier summary-procedure doctrine require individual legal assessment.

Cyber libel deserves particular caution. In its final April 8, 2026 resolution in Causing v. People, the Supreme Court held that cyber libel prescribes in one year and that the period is reckoned from discovery of the allegedly defamatory online material by the offended party, the authorities, or their agents. The date of discovery remains a factual matter requiring evidence.

Determine when the period started

The starting date is often more disputed than the length of the period.

For civil actions

Under Civil Code Article 1150, prescription generally begins on the day the action may be brought. A cause of action ordinarily exists when there is:

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

Depending on the obligation, the relevant date may be:

The maturity date of a loan;
The date payment became due;
The date of repudiation or refusal;
The date property was taken or possession was lost;
The date of injury;
The date employment was terminated;
The date fraud was discovered, when a specific discovery rule applies;
The date a judgment became final; or
Separate dates for separate installments, publications, or breaches.

A discovery rule should not be assumed merely because the claimant learned about the problem late. There must be a statutory or jurisprudential basis for using discovery instead of the act or accrual date.

For criminal offenses

Identify whether the offense is:

Completed on one date;
Committed through a series of acts;
Continuing by statutory nature; or
Repeated in separate, independently punishable acts.

A continuing harmful effect does not automatically make an offense “continuing.” Do not postpone the starting date without authority in the statute or controlling decisions.

Determine whether the period was interrupted or suspended

“Interruption” and “suspension” can have different consequences. Interruption may erase the elapsed time and start a fresh period; suspension commonly preserves the time already used and excludes only the suspended interval. The governing law and case doctrine determine the effect.

Written demand or acknowledgment in civil obligations

Under Civil Code Article 1155, prescription is interrupted by:

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

For covered civil obligations, interruption ordinarily wipes out the elapsed period and causes the applicable period to run anew. The Supreme Court explained this effect in Banico v. Stager.

Do not assume that every message or negotiation qualifies. Preserve:

The complete signed demand;
Proof of sending and actual receipt;
Email headers or platform delivery records;
The debtor’s written reply;
Written promises to pay;
Partial-payment receipts; and
Any document identifying the specific obligation.

A verbal demand, unanswered phone call, settlement discussion, police report, or social-media post does not automatically interrupt a civil prescriptive period. Special laws may also exclude or modify Article 1155.

Barangay conciliation

When Katarungang Pambarangay is mandatory, the case ordinarily must first undergo barangay conciliation. Sections 410 and 412 of the Local Government Code provide that filing the complaint with the punong barangay interrupts the applicable prescriptive period.

The period resumes upon receipt of the appropriate complaint, certificate of repudiation, or Certificate to File Action. The statutory interruption cannot exceed 60 days from filing with the punong barangay.

Barangay conciliation is not required in every dispute. Statutory exceptions include certain cases involving the government, official acts of public officers, offenses exceeding the stated penalty limits, parties residing in different cities or municipalities subject to limited exceptions, urgent provisional remedies, detention or deprivation of liberty, and situations in which the action may otherwise become time-barred.

Keep the barangay complaint, stamped filing date, summonses, minutes, settlement documents, and the Certificate to File Action. Do not rely on an informal visit or an undocumented conversation with barangay personnel.

Criminal complaints

A police blotter alone should not be treated as the filing that interrupts criminal prescription. The safest course is to file the complete complaint with the prosecutor, court, or other office legally authorized for that offense and obtain a stamped or electronically verifiable receipt.

For very short periods—such as two months, six months, or one year—seek legal assistance immediately. The proper filing route can depend on the offense, location, applicable expedited procedure, and whether preliminary or summary investigation is required.

Compute the period carefully

Under Section 31 of the Administrative Code of 1987, a “year” generally means 12 calendar months. A “month” generally means 30 days unless a specific calendar month is intended.

Rule 22 generally excludes the day of the triggering event and includes the final day. If the last day falls on a Saturday, Sunday, or legal holiday where the court sits, the period ordinarily extends to the next working day. That extension should not be assumed for every private, contractual, administrative, or quasi-judicial deadline; the controlling rule of the particular forum must be checked.

Use actual calendar dates, not rough estimates such as “about four years ago.” Record both the legal expiry and an earlier internal filing deadline.

File in the correct forum and complete all filing requirements

A claim is not safely preserved merely because papers were prepared or delivered somewhere.

Correct forum

Determine whether jurisdiction belongs to:

A first-level court;
A Regional Trial Court;
A Family Court or designated branch;
A prosecutor’s office;
A labor arbiter;
An administrative or quasi-judicial agency;
A specialized court such as the Court of Tax Appeals; or
Another body designated by special law.

For ordinary civil cases, Republic Act No. 11576 generally gives first-level courts jurisdiction over money or personal-property claims not exceeding ₱2 million and real-property cases where the assessed value does not exceed ₱400,000, subject to important exceptions such as ejectment and cases assigned by special law.

Current electronic requirements for covered civil cases

Under Rule 13-A, initiatory pleadings in covered civil cases before first- and second-level courts are primarily filed:

Personally;
By registered mail; or
Through an accredited courier.

The complaint and attachments must then be transmitted in PDF format to the court’s official email address within 24 hours after completion of the primary filing. Failure to complete the required electronic transmission can cause the initiatory pleading to be deemed not filed. Consult the Supreme Court’s electronic-filing guidance and confirm the court’s official address before transmission.

Also verify docket fees, required annexes, verification, certification against forum shopping, service requirements, and proof of filing. Keep paper and electronic acknowledgments.

Evidence to preserve immediately

Create an unaltered chronology and secure originals or reliable copies of:

Contracts, promissory notes, deeds, receipts, invoices, and account statements;
Demand letters and proof of receipt;
Written acknowledgments and promises to pay;
Payment and bank records;
Notices of termination, assessment, denial, or default;
Government correspondence and envelopes showing receipt dates;
Barangay, police, prosecutor, and agency filing receipts;
Medical records, photographs, videos, and incident reports;
Emails with full headers and complete message threads;
Native electronic files, metadata, URLs, timestamps, and platform exports;
Witness names, addresses, and contemporaneous notes;
Court decisions, orders, entries of judgment, and proof of service; and
Calendars or records explaining delayed discovery.

Do not edit original files, crop away identifying details, delete messages, or rely only on screenshots when native data can be preserved. Maintain at least two secure backups.

Common mistakes

Counting from the wrong event, such as contract signing instead of breach or maturity;
Relying on the complaint’s title instead of the actual cause of action;
Applying the Civil Code without first checking a special law;
Confusing a written contract with later oral arrangements;
Treating negotiations as automatic interruption;
Assuming that a police blotter or informal agency inquiry stops prescription;
Failing to document when a demand or acknowledgment was received;
Treating repeated violations as one continuing violation without legal basis;
Using one deadline for both the civil and criminal consequences of the same incident;
Ignoring mandatory barangay conciliation or its 60-day cap;
Filing in the wrong forum;
Failing to complete docket-fee or electronic-filing requirements;
Assuming every weekend or holiday extends every kind of deadline; and
Waiting for the final day despite possible outages, rejected emails, courier delays, or incomplete attachments.

When legal help is urgent

Consult a Philippine lawyer immediately when:

The possible deadline is within 90 days;
The matter involves a two-month, six-month, or one-year period;
The date of discovery is disputed;
Fraud, concealment, continuing conduct, or multiple violations are alleged;
The case concerns land, title, trusts, inheritance, tax, elections, dismissal, or an administrative appeal;
A previous case was dismissed and refiling is contemplated;
A written demand or acknowledgment may have restarted the period;
The accused or respondent may leave the country or dispose of assets;
Digital evidence may disappear;
Provisional relief such as an injunction, attachment, protection order, or preservation order is needed; or
A summons, subpoena, prosecutor’s notice, agency decision, or court judgment has been received.

Those unable to afford private counsel may inquire with the Public Attorney’s Office, subject to its eligibility and conflict-of-interest rules.

Frequently asked questions

Is a demand letter enough to stop prescription?

Sometimes. Civil Code Article 1155 recognizes a written extrajudicial demand by a creditor for covered civil obligations. It should clearly identify the obligation and be supported by proof of receipt. It does not automatically interrupt criminal, administrative, contractual, or special statutory periods.

Does filing at the barangay stop the clock?

For disputes within the lupon’s authority, filing with the punong barangay interrupts prescription. The period resumes upon receipt of the relevant certificate or other document specified by law, and the interruption cannot exceed 60 days.

Does a police report interrupt criminal prescription?

Do not rely on it. A police report preserves evidence but is not necessarily the complaint or information recognized for interruption. File promptly with the legally authorized prosecutor, court, or agency.

What if no due date appears in the contract?

Accrual may depend on the contract, the nature of the obligation, whether demand is legally required, and when nonperformance became actionable. A creditor cannot safely assume that the period will remain open indefinitely.

Can a case be filed on the last day?

It may be legally possible, but it is hazardous. Filing is effective only if all requirements for the applicable mode are completed. In covered trial-court civil cases, failure to send the required PDF copies within 24 hours can cause an initiatory pleading to be deemed not filed.

Does prescription begin only when I consult a lawyer?

No. It generally begins on the legally defined accrual, commission, or discovery date—not when the claimant learns the applicable law or obtains legal advice.

What if the deadline already appears to have passed?

Do not destroy documents or assume the matter is hopeless. The classification, accrual date, discovery rule, interruption, prior filing, written acknowledgment, special statute, or an imprescriptible remedy may change the analysis. A lawyer must review the actual documents and dates before a reliable conclusion can be reached.

Official sources

This article provides general legal information, not legal advice or a definitive computation for any particular case. Prescription depends on the exact allegations, documents, dates, governing law, and filing history. Statutes, rules, procedures, and controlling Supreme Court authorities were checked through 3 August 2026.