Quick answer

To determine the deadline, identify:

The exact cause of action or offense;
The law that supplies the prescriptive period;
The date the right of action accrued, the offense was committed or discovered, or another statutory trigger occurred;
Any valid interruption, suspension, or special exception; and
The filing act and forum that legally stop the clock.

Do not calculate from the date of the contract, incident, or discovery automatically. The correct starting date depends on the law and the facts. A written demand may interrupt some civil periods, while filing a criminal complaint with the proper prosecutor or court may interrupt criminal prescription. Private negotiations, verbal demands, police reports, and complaints filed with an office that has no authority should never be assumed to stop the clock.

The safest approach is to determine the earliest defensible deadline and file well before it.

What a prescriptive period does

A prescriptive period is the time allowed by law to enforce a right or prosecute an offense. Once the applicable period expires, a civil action may be barred, or criminal liability may be extinguished by prescription.

Prescription is different from:

A reglementary or procedural deadline, such as the period to answer a complaint, appeal a judgment, seek reconsideration, or challenge an agency decision;
A notice or claim requirement, which may have to be completed before filing suit;
Laches, an equitable doctrine based on unreasonable and prejudicial delay rather than a single fixed statutory period; and
Acquisitive prescription, through which ownership or another real right may be acquired by qualifying possession over time.

A case can comply with the general prescriptive period and still fail because a shorter appeal, notice, protest, administrative, contractual, or pre-filing deadline was missed.

Step 1: Identify the legal claim—not just the event

The same facts may support several claims with different deadlines. For example, one failed transaction might involve breach of a written contract, fraud, recovery of property, or injury to rights. Each theory may have a different period and starting date.

For a civil case, a cause of action generally accrues when these elements coexist:

The claimant has a legal right;
The other party has a corresponding duty; and
An act or omission violates that right.

The Supreme Court applies this accrual analysis rather than simply counting from the date a document was signed. See Selerio v. Bancasan.

Ask:

What right was violated?
What specific act or omission created the right to sue?
Was payment or performance already due?
Was a demand legally or contractually required?
Was the wrong immediately known, or does a statute use discovery as the trigger?
Is the requested remedy damages, collection, possession, annulment, reconveyance, declaration of nullity, reinstatement, or something else?
Are several separate breaches or installments involved?

The caption or label chosen by a party is not conclusive. Courts examine the material allegations, the source of the obligation, and the relief actually sought.

Step 2: Find the controlling source

Use this order:

A statute specifically governing the claim or offense;
Its valid implementing rules, if authorized;
The Revised Penal Code for offenses punished under that Code;
Act No. 3326 for many special-law offenses that have no express prescriptive period;
The Civil Code for civil actions not governed by a more specific law; and
Controlling Supreme Court decisions interpreting the applicable provisions.

Special rules frequently apply to labor, taxation, elections, land registration, family law, intellectual property, insurance, government claims, banking, corporate disputes, consumer remedies, public-officer cases, and administrative proceedings. The general Civil Code table should not be used until a more specific law has been ruled out.

Common Civil Code periods

The following are general periods under Articles 1139 to 1155 of the Civil Code:

Type of civil action	General period
Real action over immovable property	30 years
Recovery of movable property	8 years
Foreclosure or other mortgage action	10 years
Written contract	10 years
Obligation created by law	10 years
Enforcement of a judgment	10 years
Oral contract	6 years
Quasi-contract	6 years
Injury to the claimant’s rights	4 years
Quasi-delict	4 years
Forcible entry or unlawful detainer	1 year
Civil action for defamation	1 year
Other actions without a period fixed by the Civil Code or another law	5 years

These classifications are starting points, not automatic answers. Important qualifications include:

The period generally runs from the time the right of action accrues.
Enforcement of a judgment is counted from finality of the judgment.
Recovery-of-property periods are affected by the character of the property, possession, registration, trusts, and the relief sought.
The one-year period for forcible entry or unlawful detainer has specialized accrual rules. Depending on the facts, a different possessory or ownership action may be available after that period, but it is not simply an “extended ejectment case.”
Installments or recurring obligations may accrue separately unless a valid acceleration clause or another rule makes the entire obligation due.
A continuing wrong should not be assumed merely because its consequences continue.

Civil actions that may not prescribe

The Civil Code recognizes rights and actions that are not extinguished by prescription, including the right to demand a right of way, the right to abate a nuisance, and an action or defense to declare an inexistent or void contract. Article 1410’s rule on void contracts is discussed in Bautista-Borja v. Bautista.

This does not make every case involving an allegedly void document imprescriptible. A claim framed as reconveyance, fraud, implied trust, damages, or recovery of possession may be governed by another period. The allegations, evidence, possession, registration history, and exact relief remain important.

Examples of special civil periods

The general table is displaced when another law provides a specific rule. For example:

Labor Code money claims arising from employer-employee relations generally must be filed within three years from accrual under Article 306 of the Labor Code.
Illegal-dismissal actions are generally treated as actions for injury to rights and must be brought within four years, as explained in Arriola v. Pilipino Star Ngayon, Inc..

Claims for reinstatement and claims for unpaid wages or benefits can therefore have different periods even when included in the same labor complaint.

When a civil period is interrupted

Article 1155 of the Civil Code provides three principal means of interrupting prescription of civil actions:

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

An effective interruption can cause a new period to run, but the precise effect and restart date depend on the interrupting act and applicable jurisprudence.

For a demand letter:

Send it before the existing period expires.
Clearly identify the obligation, breach, amount or performance demanded, and relevant documents.
Preserve the signed letter and reliable proof of receipt.
Do not assume that an unanswered text message, informal chat, draft settlement proposal, or verbal demand qualifies.
Do not assume a demand sent after prescription has already attached will revive the claim. A late demand alone does not restore an expired action.
Check whether a special statute or contract uses a different rule.

The Supreme Court has treated receipt of a qualifying written demand as material to interruption. See Permanent Savings and Loan Bank v. Velarde and Filcon Ready Mixed, Inc. v. Du.

Settlement discussions should not be used as a substitute for timely filing unless a specific, legally effective written act clearly protects the claim.

Criminal cases under the Revised Penal Code

For felonies governed by Articles 90 and 91 of the Revised Penal Code, the general periods are:

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

When the law fixes a compound penalty, Article 90 uses the highest penalty in determining prescription.

Under Article 91:

The period starts when the crime is discovered by the offended party, the authorities, or their agents.
It is interrupted by the filing of the complaint or information.
It may begin running again if proceedings end without conviction or acquittal, or are unjustifiably stopped for a reason not attributable to the accused.
It does not run while the offender is absent from the Philippines.

“Discovery” is a legal and factual question. It should not be assumed that the period always starts only when the victim fully understands the legal significance of what happened.

Under Section 1 of Rule 110 of the Rules of Criminal Procedure, institution of the criminal action interrupts prescription unless a special law provides otherwise. The proper method depends on whether preliminary investigation is required, the offense charged, the place of filing, and the governing special law.

A blotter entry or report to the police is useful evidence, but it should not automatically be treated as institution of the criminal action.

Criminal offenses under special laws

First check whether the special statute supplies its own prescriptive period. If it does not, Act No. 3326 commonly provides:

Penalty or violation	General period
Fine only, or imprisonment not exceeding one month, or both	1 year
Imprisonment of more than one month but less than two years	4 years
Imprisonment of two years or more but less than six years	8 years
Imprisonment of six years or more	12 years
Internal-revenue-law violation	5 years
Municipal-ordinance violation	2 years
Administrative-regulation violation	1 year

For covered special-law offenses, the period generally starts from commission or, if the violation was not known then, from discovery and the institution of proceedings for investigation and punishment. Proceedings interrupt prescription, and the period may run again after a qualifying dismissal.

The Supreme Court has held that filing a complaint with the prosecutor can interrupt prescription of a special-law offense, rather than requiring the information to reach the court first. See Panaguiton, Jr. v. Department of Justice. Still, the complaint should be filed with the officer or tribunal authorized to act on the particular offense. A statute may establish a different rule.

Some special laws provide much longer periods or make particular crimes imprescriptible. Never derive the period solely from the length of imprisonment without reading the entire statute.

Barangay conciliation and prescription

When the Katarungang Pambarangay process applies, prior barangay confrontation and a certificate to file action may be required before going to court or another government office.

Under Sections 410 and 412 of the Local Government Code:

The prescriptive period is interrupted while the dispute is under barangay mediation, conciliation, or arbitration.
The interruption cannot exceed 60 days from filing the complaint with the punong barangay.
The period resumes upon receipt of the certificate to file action or certificate of repudiation, as applicable.
Direct court action is allowed in specified situations, including when the action may otherwise be barred by the statute of limitations.

Do not assume barangay filing provides an indefinite extension. If the deadline is near, document the barangay filing and receipt dates and obtain legal advice immediately about the direct-filing exception.

How to count the time

Create a written chronology and calculate from the legally correct trigger.

As a general method:

Identify the triggering act or event.
Exclude that first day.
Include the final day.
Treat a “year” as 12 calendar months unless the governing law supplies another meaning.
If the final day falls on a Saturday, Sunday, or legal holiday where the court sits, check whether Rule 22 or the applicable statute moves the deadline to the next working day.
Apply only interruptions or suspensions expressly recognized by law.
Recalculate after each valid interruption and record the supporting document.

The Supreme Court’s treatment of calendar periods is explained in Commissioner of Internal Revenue v. Primetown Property Group, Inc.. Special statutes can prescribe their own counting method, so the next-working-day rule should not be assumed without checking.

Simple illustration

Suppose a written contractual obligation became enforceable on 15 June 2021 and no special law, valid interruption, suspension, or different contractual trigger applies. The initial reference period would generally be ten years from accrual, placing the working deadline around 15 June 2031.

That conclusion changes if, for example:

The obligation was not yet due;
A demand was required before a cause of action could accrue;
A qualifying written demand interrupted prescription;
Each installment accrued separately;
A special statute supplies a shorter period; or
The action is not actually based on the written contract.

A calculation is only as reliable as its classification and starting date.

Filing must be made in the legally effective forum

Before the deadline, confirm:

Subject-matter jurisdiction;
Territorial venue;
Whether barangay conciliation, a prior demand, notice of claim, protest, exhaustion of administrative remedies, or another precondition applies;
Whether the case begins in court, with a prosecutor, or before an administrative agency;
Required filing fees and supporting documents; and
The filing mode currently required by the particular tribunal.

Court filing systems are undergoing digital implementation. In civil cases before first- and second-level courts, electronic filing is the primary mode for covered pleadings, while initiatory pleadings such as complaints are treated differently. The Supreme Court and appellate courts also have separate electronic-filing rules. Verify the current instructions through the Supreme Court’s electronic-filing page and the receiving court or tribunal.

Keep the stamped receiving copy, official electronic acknowledgment, payment receipt, docket number, and all transmitted files. Do not wait for the final day to discover that the chosen portal, email address, file format, office, or payment method is incorrect.

Evidence to preserve

Prepare one folder containing:

Contracts, amendments, promissory notes, invoices, receipts, and account statements;
The document showing the due date or condition for performance;
Demand letters and complete proof of delivery and receipt;
Written acknowledgments, payment proposals, or admissions;
Notices of denial, termination, assessment, dismissal, or agency action;
Barangay complaints, summonses, minutes, settlements, and certificates;
Complaint-affidavits, police or incident reports, and prosecutor receipts;
Medical, employment, banking, corporate, tax, or property records relevant to accrual;
Titles, deeds, tax declarations, possession records, and registration dates for land disputes;
Original messages, emails with headers, photographs, recordings, CCTV exports, and available metadata;
Proof of the date the violation was discovered and who discovered it; and
Court or agency filing acknowledgments and proof of payment.

Preserve original files. Avoid editing screenshots, forwarding messages in a way that removes metadata, or relying exclusively on social-media copies that may later disappear.

Common mistakes

Choosing the period from the name of the document instead of the actual cause of action;
Counting from signature when the right to sue accrued later—or counting from demand when the breach occurred earlier;
Assuming every fraud claim uses a discovery rule;
Treating ongoing damage as a continuing violation;
Assuming verbal demands or negotiations stop prescription;
Sending a demand only after the claim has already expired;
Believing a police report is the same as filing a criminal complaint;
Filing with an office that cannot legally institute the proceeding;
Assuming barangay conciliation suspends the period indefinitely;
Applying the Civil Code despite a controlling special statute;
Combining claims without separately calculating each deadline;
Confusing prescription with the shorter period for appeal, reconsideration, protest, or administrative review; and
Waiting until the last day to resolve jurisdiction, fees, signatures, attachments, or electronic-filing requirements.

When legal help is urgent

Seek prompt assistance if:

The possible deadline is within the next 60 days or cannot be confidently identified;
The case involves ejectment, defamation, a light offense, an ordinance, or an administrative regulation with a short period;
You have received summons, a subpoena, an assessment, a dismissal notice, or an adverse judgment;
A barangay proceeding is approaching its 60-day interruption limit;
The dispute concerns land registration, inheritance, fraud, a trust, or a supposedly void document;
Several installments, recurring violations, or multiple causes of action are involved;
The accused has left or may leave the Philippines;
Evidence may be deleted, overwritten, transferred, or destroyed; or
There is immediate danger, violence, abuse, detention, or a need for a protection order or provisional remedy.

For qualifying clients who cannot afford private counsel, assistance may be available through the Public Attorney’s Office, an Integrated Bar of the Philippines legal-aid office, a law-school legal clinic, or the appropriate government agency.

FAQ

Does a demand letter always restart the period?

No. Article 1155 recognizes a written extrajudicial demand as an interruption for covered civil actions, but the demand must be timely and legally sufficient. Preserve proof of receipt. A demand made after prescription has already attached does not, by itself, revive the claim.

Do settlement talks stop prescription?

Not automatically. A written acknowledgment of the debt may interrupt a civil period, but ordinary negotiations, requests for time, or unsigned proposals should not be relied upon without examining their exact wording and legal effect.

Is the deadline counted from the incident or from discovery?

It depends. Some laws expressly use discovery. Other claims accrue when a right is first violated or performance becomes due. There is no universal discovery rule.

Does filing in the barangay stop the clock?

Only when the Katarungang Pambarangay provisions apply, and the statutory interruption generally cannot exceed 60 days from filing with the punong barangay.

Does a police blotter interrupt criminal prescription?

Do not assume so. Criminal prescription is generally interrupted by legally effective institution of the complaint or information under Rule 110 or the governing special law.

What if the complaint was filed in the wrong office?

The effect is highly fact-dependent. Filing with an office lacking authority may fail to interrupt prescription. Confirm the correct prosecutor, court, agency, and territorial office before filing.

Can different claims from one incident have different deadlines?

Yes. Contract, tort, labor, property, administrative, and criminal claims may have separate periods, accrual dates, and filing forums.

Is an imprescriptible action safe to delay?

No. Evidence can disappear, possession can change, third-party rights can arise, and laches or other defenses may become relevant. “Imprescriptible” should be confirmed from the precise cause of action and requested relief.

General-information notice

This article provides general Philippine legal information, not legal advice for a specific dispute. Prescription can turn on the pleadings, documents, dates, governing statute, and filing forum. Have a Philippine lawyer examine the complete record when a deadline may be involved. Primary sources and current filing guidance were checked as of 3 August 2026.