Quick answer

The prescriptive period is determined by five questions:

What exact claim or offense will be filed?
Which law creates or governs it?
When did the cause of action accrue—or, for a crime, when did the statutory reckoning event occur?
Did any legally recognized event interrupt or suspend the period?
What filing, in the correct office or court, must be completed before the resulting deadline?

Do not select a period merely from the name you plan to give the case. Courts examine the material facts, the right allegedly violated, and the relief supported by those facts. A dispute involving a written document, for example, is not automatically an “action upon a written contract.” It may actually be a claim for fraud, quasi-delict, recovery of property, annulment, declaration of nullity, or another remedy with a different period.

The safest approach is to calculate the earliest reasonably possible deadline, preserve proof of every relevant date, and obtain legal advice before that date. A demand letter, police blotter entry, barangay appearance, mediation request, or complaint filed in the wrong office does not always stop prescription.

Prescription is different from a procedural deadline

A prescriptive period limits the time for starting a civil action, criminal prosecution, labor claim, or other proceeding.

A reglementary or procedural period governs a step after proceedings have begun—for example, the period to answer, appeal, seek reconsideration, or petition for judicial review. These periods are often much shorter and may be mandatory even when the underlying claim has not prescribed.

Administrative cases add another layer. The law or agency rules may separately prescribe:

the period for filing the original complaint;
a mandatory internal remedy;
the period to appeal within the agency; and
the period to seek judicial review.

Do not use the underlying civil or criminal prescriptive period as the deadline for an administrative appeal.

A practical method for finding the correct period

1. Identify the legally material facts

Prepare a short chronology containing exact dates:

contract signing, maturity, delivery, demand, refusal, or breach;
accident, injury, dismissal, nonpayment, publication, dispossession, or discovery;
date a title, deed, notice, assessment, or decision was registered or received;
dates of barangay, prosecutor, labor, administrative, or court filings;
dates proceedings ended or were dismissed; and
periods when a person’s absence, incapacity, concealment, or another statutory circumstance may matter.

Use documents, not memory, wherever possible.

2. Classify the action from the facts

Ask what right was violated and what act completed the violation. A civil cause of action ordinarily accrues only when there is:

a legal right in the claimant;
a corresponding duty in the other party; and
an act or omission that violates the right.

For a written contract, prescription normally begins upon breach—not simply on the date the contract was signed. The Supreme Court explains this accrual rule in China Banking Corporation v. Court of Appeals.

Where fraud, registration, continuing conduct, installment obligations, a condition precedent, or repeated nonpayments are involved, the starting date may require a separate legal analysis. Each installment or recurring benefit may have its own accrual date.

3. Look for a special law first

The general Civil Code or Revised Penal Code period applies only if a more specific statute does not provide another rule. Special periods commonly appear in laws governing labor, taxation, elections, family relations, corporations, land, intellectual property, consumer protection, public officers, government claims, and regulated professions.

The special law may also prescribe its own:

discovery rule;
interruption event;
required preliminary process;
exception for minors or incapacitated persons;
rule on continuing violations; or
treatment of the respondent’s absence from the Philippines.

4. Fix the starting date

Do not confuse these dates:

date of the original transaction;
date the obligation became due;
date of demand;
date of refusal or breach;
date the injury occurred;
date the injury or offense was actually or constructively discovered; and
date a required administrative remedy was completed.

The correct date depends on the elements of the particular action or offense and the wording of the controlling law.

5. Apply only legally recognized interruptions or suspensions

An interruption generally erases the elapsed period and causes a fresh period to begin when the interruption ends. A suspension merely pauses the clock, which later continues with the unexpired balance. The controlling law determines which effect applies.

Never assume that informal negotiations, verbal promises, partial payment, mediation, or a complaint to any government office will stop the clock.

Common Civil Code periods

The following are general periods under Articles 1139 to 1155 of the Civil Code. Special provisions elsewhere in the Code or in another law may override them.

General civil action	Period
Real action over immovable property	30 years
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 accrual
Recovery of movable property	8 years from loss of possession, subject to statutory qualifications
Action upon an oral contract	6 years
Action upon a quasi-contract	6 years
Injury to the plaintiff’s rights	4 years
Quasi-delict, such as an ordinary negligence claim	4 years
Forcible entry or unlawful detainer	1 year
Civil action for defamation	1 year
Other actions with no period fixed by the Civil Code or another law	5 years from accrual

These labels are only starting points. Important qualifications include:

Forcible entry and unlawful detainer have different accrual rules. In unlawful detainer, possession began lawfully and later became unlawful, commonly after termination of the right to possess and demand to vacate. If the one-year ejectment remedy has elapsed, another possessory action may sometimes remain, but jurisdiction, allegations, and proof will differ.
A claim described as “breach of contract” may actually be based on negligence or injury to rights.
An action to declare a void or inexistent contract does not prescribe under Article 1410, but whether the contract is truly void rather than merely voidable is a substantive issue. Property claims may also be affected by possession, registration, laches, rights of innocent purchasers, or the nature of the requested relief.
The right to demand a right of way and an action to abate a public or private nuisance are among the rights Article 1143 says are not extinguished by prescription.
Family-law remedies have their own rules. For example, Article 47 of the Family Code assigns different periods and eligible filers for different grounds of annulment.

Written demands and acknowledgments

Under Article 1155, civil 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.

The Supreme Court has held that interruption generally wipes out the elapsed period and causes a fresh period to run. See Saging Makulay, Inc. v. MVV Environment Services, Inc..

Use caution:

A verbal demand is not the written demand specified in Article 1155.
Preserve proof that the demand was sent and received.
A partial payment without a written acknowledgment may not be enough.
Article 1155 does not revive a claim that had already prescribed before the demand or acknowledgment.
Special laws may provide a different interruption rule.
If a filed action is dismissed, determine when the interruption ended and when the fresh period began. Do not assume the first filing protects the claim indefinitely.

Enforcing a judgment

Although an action upon a judgment generally has a ten-year Civil Code period, Rule 39, Section 6 creates a critical procedural distinction. A final judgment may ordinarily be executed by motion within five years from entry. After that period, and before the judgment is barred by prescription, enforcement generally requires an independent action. See the Rules of Court and PerkinElmer Singapore Pte. Ltd. v. Dakila Trading Corporation.

Criminal cases under the Revised Penal Code

For offenses under the Revised Penal Code, Article 90 generally bases prescription on the penalty prescribed by law, subject to the specific exceptions below:

Offense or statutory penalty	General prescriptive period
Death, reclusion perpetua, or reclusion temporal	20 years
Other afflictive penalty	15 years
Correctional penalty, except arresto mayor	10 years
Arresto mayor	5 years
Libel or similar offenses	1 year
Oral defamation or slander by deed	6 months
Light offense	2 months

The current one-year period for libel comes from Republic Act No. 4661, which amended Article 90.

Under Article 91, the period generally begins 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; and it may run again if the proceedings end without conviction or acquittal, or are unjustifiably stopped for a reason not attributable to the accused. The period does not run while the offender is absent from the Philippines. See the consolidated Revised Penal Code provisions on prescription.

The exact computation still depends on:

the offense actually supported by the facts;
the penalty fixed by the law, including amendments;
whether the offense was known when committed;
the legally provable discovery date;
whether the offense is instantaneous, continuing, or composed of a series of acts; and
whether the particular filing legally interrupted prescription.

Cyber libel: a current example of why classification matters

In April 2026, the Supreme Court sitting en banc affirmed that cyber libel prescribes in one year from discovery by the offended party, the authorities, or their agents. It also rejected an automatic presumption that an online post was discovered on the date it was posted. The actual discovery date may therefore require evidence. See Causing v. People, G.R. No. 258524, April 8, 2026.

Criminal offenses under special laws and ordinances

First read the special law itself. If it states its own period, that provision generally controls.

If it does not, Act No. 3326 generally provides:

Penalty under the special law	Prescriptive 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
Treason under a special act	20 years
Violation of a municipal ordinance	2 months

Act No. 3326 generally reckons prescription from commission or, if the violation was then unknown, from discovery under its statutory formula. It also addresses interruption when proceedings are instituted and resumption when they are dismissed for reasons not constituting jeopardy.

The required interrupting filing is especially technical. For some offenses covered by summary procedure—including ordinance violations and particular special-law offenses—the filing required to stop prescription may be the complaint or information in court, not merely a complaint before an investigating agency. The Supreme Court discusses these distinctions in Perez v. Sandiganbayan.

Accordingly, do not rely solely on:

a police blotter;
an NBI report;
an affidavit not formally docketed;
a complaint sent to the wrong prosecutor;
an administrative complaint; or
a private demand letter.

Confirm the correct office, venue, form, required oath, supporting affidavits, number of copies, and payment before the deadline. The Department of Justice publishes its current requirements for complaints for preliminary investigation.

Labor claims

Labor law uses special periods. Two common examples are:

Money claims arising from employer-employee relations: generally three years from accrual under Article 306 of the Labor Code.
Illegal dismissal: generally four years from dismissal because it is treated as an injury to rights under Article 1146 of the Civil Code.

The Supreme Court recently applied the three-year period to accrued employment money claims in DMCI Project Developers, Inc. v. Villarico. It has consistently applied the four-year rule to illegal-dismissal complaints, as explained in Arriola v. Pilipino Star Ngayon, Inc..

Mandatory conciliation through the Single Entry Approach may be required before adjudication. Current DOLE rules provide a 30-day conciliation-mediation process and recognize interruption upon filing a Request for Assistance, subject to the governing rules. Preserve the RFA acknowledgment, referral, and termination or endorsement documents. Current filing information is available through the official DOLE Assistance for Request Management System.

Overseas employment, seafarer, collective-bargaining, social-benefit, and administrative labor claims may have different periods and required preliminary procedures.

Barangay conciliation can affect the clock

For disputes within the authority of the Katarungang Pambarangay, prior barangay confrontation and certification are generally preconditions to filing in court or another adjudicatory government office.

Under Sections 410 and 412 of the Local Government Code:

filing the complaint with the punong barangay interrupts the applicable prescriptive period while the dispute is under mediation, conciliation, or arbitration;
the period resumes upon the complainant’s receipt of the certificate of repudiation or certificate to file action; and
the interruption cannot exceed 60 days from filing with the punong barangay.

Barangay conciliation is not required in every dispute. The Code contains exceptions based on the parties, residence, nature of the case, location of property, criminal penalty, urgency, and requested provisional relief. It also permits direct court action where the claim may otherwise be barred by prescription.

Do not wait for the full barangay process if the deadline is dangerously close. Obtain the relevant certification or legal advice on the direct-filing exception immediately.

How to count the deadline

Use a written calculation:

Record the legally correct accrual or discovery date.
Exclude the triggering day and include the last day, subject to the governing rule.
Add the statutory period without casually converting years or months into a fixed number of days.
List every claimed interruption or suspension with its start and end dates.
Recalculate under both the claimant’s and the opposing party’s plausible starting dates.
Treat the earliest defensible result as the working deadline.

Under Rule 22, if the last day for a court filing falls on a Saturday, Sunday, or legal holiday where the court sits, filing on the next working day is generally timely. However, agency rules and special statutes may use different language. Never postpone filing merely because you expect a weekend, holiday, suspension, extension, or equitable exception.

Filing methods also change. Confirm the current procedure with the proper court or agency. The Supreme Court maintains an official court locator and electronic-filing guidance. An initiatory pleading may be subject to requirements different from later submissions, and rules differ among trial courts, appellate courts, prosecutors, and administrative agencies.

Evidence to preserve

Keep original files and reliable copies of:

contracts, promissory notes, invoices, receipts, and account statements;
demand letters and proof of delivery or receipt;
written acknowledgments, settlement proposals, and payment records;
termination letters, payslips, time records, and employment communications;
medical records, photographs, incident reports, and repair estimates;
deeds, tax declarations, titles, annotations, and Registry of Deeds records;
complete emails, messages, posts, URLs, timestamps, account identifiers, and device data;
police, NBI, prosecutor, barangay, DOLE, NLRC, or agency docket records;
certificates to file action, referrals, endorsements, and notices of termination;
orders, decisions, proof of receipt, and envelopes or electronic delivery records; and
calendars identifying absences from the Philippines or periods claimed to suspend prescription.

For digital evidence, preserve the original device and unedited files when feasible. Screenshots alone may omit metadata, URLs, account details, or context needed to prove publication, authorship, receipt, or discovery.

Common mistakes

Counting from the contract date instead of the breach or due date.
Choosing the period from the caption of the proposed complaint.
Assuming all property cases have a 30-year period.
Treating a voidable agreement as automatically void and imprescriptible.
Believing negotiations or verbal promises stop prescription.
Sending a demand after the period has already expired and assuming it revives the claim.
Treating a police blotter or administrative complaint as a criminal filing.
Filing with an office that lacks authority to receive the required complaint.
Ignoring barangay conciliation or waiting beyond its maximum 60-day interruption.
Combining several claims and applying the longest period to all of them.
Forgetting that recurring wages, rentals, installments, or benefits may accrue separately.
Confusing the period for bringing a case with the much shorter period to appeal or seek review.
Waiting until the last day, when missing attachments, an oath, docket fees, technical failures, or the wrong venue can become fatal.

When legal help is urgent

Seek advice immediately—not after completing your own computation—when:

any possible deadline is within 90 days;
the period may be only two months, six months, or one year;
an online or traditional defamation claim is involved;
the wrong office may already have received the complaint;
a barangay, labor, prosecutor, or administrative process is pending near the deadline;
the claim involves fraud, forged documents, land registration, or a supposedly void contract;
the offense or claim continued over several dates;
a decision, assessment, dismissal, or denial has already been received;
the respondent has left or may leave the Philippines;
provisional relief such as an injunction, attachment, replevin, protection order, or support is needed; or
evidence may be deleted, altered, transferred, or destroyed.

Those who may qualify can approach the Public Attorney’s Office. The Integrated Bar of the Philippines also lists its National Center for Legal Aid and local chapters.

Frequently asked questions

Does sending a demand letter always stop prescription?

No. Article 1155 recognizes a written extrajudicial demand for civil actions, but its application depends on the claim and the governing law. A demand cannot revive a claim that had already prescribed, and special laws may use a different rule.

Does a police blotter stop criminal prescription?

Not by itself. A blotter documents a report. Whether prescription is interrupted depends on the offense and the filing legally required by the Revised Penal Code, Act No. 3326, the special law, and applicable procedural rules.

If the parties are negotiating, can I wait?

Negotiations do not automatically suspend prescription. Obtain a legally valid interruption or file the proper proceeding before the deadline.

Can several claims from one incident have different deadlines?

Yes. The same incident may support criminal, civil, labor, administrative, or special statutory claims, each with its own accrual date, period, remedy, and interrupting event.

Is every action involving a written document subject to ten years?

No. The action must truly be upon a written contract or another category covered by Article 1144. The facts may instead establish fraud, negligence, injury to rights, ejectment, recovery of property, or a special-law claim.

Does discovery always delay the start of prescription?

No. A discovery rule applies only when the governing law or controlling jurisprudence provides one. Some matters also use constructive notice—for example, registration in a public registry—rather than the claimant’s claimed date of actual knowledge.

What if the deadline falls on a weekend or holiday?

For court filings governed by Rule 22, the deadline generally moves to the next working day. Check the special statute and agency rules before relying on that extension.

Can the court excuse a late filing because the claim is strong?

Do not assume so. Prescription can defeat an otherwise meritorious claim. Equitable exceptions are narrow, fact-dependent, and not a substitute for timely filing.

Official sources

This article provides general Philippine legal information, not legal advice or a definitive computation for any particular case. The correct deadline depends on the exact facts, documents, applicable law, and filing history. Sources and procedures were checked as of August 3, 2026.