A Legal Article in the Philippine Context

Yes. A criminal case may still be filed in the Philippines even after more than two years, depending on the crime charged, the penalty prescribed by law, and whether the offense has already prescribed.

In Philippine criminal law, the key concept is prescription of crimes. Prescription refers to the loss or extinction of the State’s right to prosecute an offense because of the lapse of time. Once the prescriptive period has expired, the accused may invoke prescription as a defense, and the criminal case may be dismissed.

However, not all crimes prescribe after two years. In fact, many serious offenses may still be prosecuted after several years, ten years, fifteen years, twenty years, or even longer. Some crimes do not prescribe at all.

1. What Does It Mean for a Crime to “Prescribe”?

When a crime “prescribes,” it means that the government can no longer prosecute the offender because the legally allowed period for filing the criminal action has already expired.

Prescription is based on public policy. The law recognizes that, after a certain period, evidence may be lost, witnesses may become unavailable, memories may fade, and it may become unfair or impractical to prosecute.

In criminal cases, prescription is not about whether the accused is guilty or innocent. It is about whether the State still has the legal authority to prosecute the offense.

2. The General Rule: Criminal Cases Must Be Filed Within the Prescriptive Period

Under Philippine law, particularly the Revised Penal Code, crimes punishable under the Code prescribe depending on the gravity of the penalty attached to the offense.

The more serious the crime, the longer the prescriptive period.

This means that the question is not simply:

“Has more than two years passed?”

The correct question is:

“What is the crime, and what is its prescriptive period?”

A criminal complaint filed after two years may still be valid if the applicable prescriptive period is longer than two years.

3. Prescription of Crimes Under the Revised Penal Code

For crimes punished under the Revised Penal Code, the applicable prescriptive periods are generally found in Article 90.

A. Crimes punishable by death, reclusion perpetua, or reclusion temporal

These crimes generally prescribe in 20 years.

Examples may include serious offenses such as homicide, serious forms of illegal detention, and other grave felonies depending on the penalty imposed by law.

Although the death penalty is currently not imposed in the Philippines, references to death as a penalty may still appear in statutes for purposes of classification and prescription.

B. Crimes punishable by other afflictive penalties

These crimes generally prescribe in 15 years.

Afflictive penalties include penalties such as prision mayor and similar serious penalties under the Revised Penal Code.

C. Crimes punishable by correctional penalties

These crimes generally prescribe in 10 years, except arresto mayor.

Correctional penalties include prision correccional, suspension, and destierro.

However, if the penalty is arresto mayor, the prescriptive period is shorter.

D. Crimes punishable by arresto mayor

Crimes punishable by arresto mayor generally prescribe in 5 years.

Arresto mayor is imprisonment from one month and one day to six months.

E. Libel and similar offenses

Libel and other similar offenses generally prescribe in 1 year.

This is an important exception because libel has a shorter prescriptive period than many other offenses.

F. Oral defamation and slander by deed

Oral defamation and slander by deed generally prescribe in 6 months.

G. Light offenses

Light offenses generally prescribe in 2 months.

4. So, Is Two Years Too Late?

Not necessarily.

A criminal case filed more than two years after the alleged offense may still be allowed if the offense has a prescriptive period longer than two years.

For example:

Type of offense	Possible prescriptive period
Homicide or other grave felony	20 years
Serious offense punishable by afflictive penalty	15 years
Correctional offense	10 years
Offense punishable by arresto mayor	5 years
Libel	1 year
Oral defamation	6 months
Light offense	2 months

Therefore, after more than two years, some crimes may already be barred by prescription, while many others may still be prosecuted.

5. The Penalty Determines the Prescriptive Period

In many cases, the applicable prescriptive period depends on the penalty prescribed by law, not merely the name of the offense.

This is important because some offenses have different forms, degrees, or penalty ranges.

For example, theft, estafa, physical injuries, falsification, threats, coercion, malicious mischief, and other offenses may carry different penalties depending on the amount involved, injury caused, circumstances present, or specific statutory provision violated.

Thus, to determine whether a case may still be filed after two years, one must identify:

The exact offense charged;
The law violated;
The penalty prescribed by that law;
The applicable prescriptive period;
The date prescription began to run;
Whether prescription was interrupted.

6. When Does the Prescriptive Period Begin to Run?

Under Article 91 of the Revised Penal Code, the period of prescription generally begins to run from the day the crime is discovered by:

the offended party;
the authorities; or
their agents.

This means the prescriptive period does not always begin on the date the crime was committed. In some cases, it begins only when the crime was discovered.

This is especially relevant for crimes that may be concealed, such as fraud, falsification, estafa, corruption-related acts, or offenses discovered only through audit or investigation.

7. Discovery of the Crime Is Important

Suppose a fraudulent act was committed in 2021 but was discovered only in 2024. Depending on the nature of the offense, the prescriptive period may be counted from discovery in 2024, not necessarily from the date of the hidden act in 2021.

However, this depends on the facts. Courts examine when the offended party or authorities had sufficient knowledge of the commission of the offense.

Discovery does not always mean complete proof beyond reasonable doubt. It may refer to the point when the facts constituting the offense became known enough to trigger the right to act.

8. Prescription May Be Interrupted

The running of prescription may be interrupted.

Under Article 91 of the Revised Penal Code, prescription is interrupted when proceedings are instituted against the guilty person.

In practice, this commonly involves the filing of a complaint or information with the proper authority, depending on the nature of the offense and the applicable rule.

Once prescription is interrupted, the clock stops running while the case is pending.

9. Filing With the Prosecutor May Interrupt Prescription

For many offenses, especially those requiring preliminary investigation, the filing of a complaint with the prosecutor’s office may interrupt the running of prescription.

This is significant because criminal cases do not always begin in court immediately. Many start with a complaint-affidavit before the Office of the City Prosecutor or Provincial Prosecutor.

If the complaint was timely filed before the prosecutor, prescription may be interrupted even if the Information is filed in court later.

However, the correct rule may vary depending on whether the offense is governed by the Revised Penal Code, a special law, the Rules on Summary Procedure, or other applicable procedural rules.

10. Special Laws May Have Different Prescriptive Periods

Not all crimes are governed by the Revised Penal Code. Many offenses are punishable under special penal laws, such as laws on:

bouncing checks;
dangerous drugs;
child abuse;
violence against women and children;
cybercrime;
anti-graft and corrupt practices;
tax offenses;
election offenses;
environmental offenses;
securities violations;
labor-related penal provisions;
banking and corporate offenses.

For offenses under special laws, the prescriptive period may be found in the special law itself.

If the special law does not provide a prescriptive period, other laws may apply, including Act No. 3326, which governs prescription for offenses penalized by special acts and municipal ordinances.

11. Prescription Under Act No. 3326

For offenses punished by special laws, Act No. 3326 generally provides prescriptive periods based on the penalty.

Broadly, offenses punishable under special laws may prescribe within periods such as:

12 years, for offenses punished by imprisonment of six years or more;
8 years, for offenses punished by imprisonment of two years or more but less than six years;
4 years, for offenses punished by imprisonment of one month or more but less than two years;
1 year, for offenses punished by imprisonment of less than one month or by fine;
2 months, for violations of municipal ordinances.

The exact period must be checked against the particular special law and penalty.

12. Bouncing Checks: BP 22

A common example is a case under Batas Pambansa Blg. 22, or the Bouncing Checks Law.

BP 22 is a special law. Its prescriptive period has been treated as governed by the rules applicable to special penal laws.

A complaint filed more than two years after the dishonor of a check may still be possible depending on when the offense was completed, when the notice of dishonor was received, when the five-day period to pay expired, and whether the prescriptive period was interrupted by filing.

In BP 22 cases, the timing can be technical because the offense is not based merely on the issuance of the check. Notice of dishonor and failure to pay within the required period are important.

13. Estafa

Estafa is punished under the Revised Penal Code. Its prescriptive period depends on the penalty, which may depend on the amount involved and the specific mode of estafa.

Because penalties for estafa can vary, an estafa case may have a prescriptive period longer than two years.

Thus, a complaint for estafa filed more than two years after the transaction may still be timely if the applicable prescriptive period is ten, fifteen, or twenty years, or if prescription began only upon discovery or was interrupted.

14. Theft

Theft is also governed by the Revised Penal Code. Its prescriptive period depends on the penalty, which is often affected by the value of the property taken and the circumstances of the taking.

A theft complaint filed after two years may still be allowed if the applicable penalty carries a prescriptive period longer than two years.

However, for minor thefts punishable by lower penalties, prescription may be shorter. The value of the property and the applicable statutory amendments matter.

15. Physical Injuries

Criminal cases for physical injuries may prescribe at different periods depending on the seriousness of the injuries.

The Revised Penal Code classifies physical injuries into different types, including serious, less serious, and slight physical injuries.

A case involving slight physical injuries may prescribe quickly, while more serious injuries may have a longer prescriptive period.

Thus, after more than two years:

slight physical injuries may likely be prescribed;
less serious or serious physical injuries may require closer analysis of the penalty and facts.

16. Oral Defamation, Slander by Deed, and Libel

These offenses have relatively short prescriptive periods.

Oral defamation and slander by deed generally prescribe in six months.

Libel generally prescribes in one year.

Therefore, a complaint for these offenses filed more than two years after the alleged defamatory act is usually vulnerable to dismissal on the ground of prescription, unless a specific rule or circumstance changes the analysis.

17. Cyberlibel

Cyberlibel is treated differently from ordinary libel because it is punished under the cybercrime law and has been subject to distinct jurisprudential treatment.

A cyberlibel case may have a longer prescriptive period than ordinary libel. Therefore, one should not automatically assume that a cyberlibel complaint is barred merely because more than one year or two years has passed.

The applicable law, penalty, and jurisprudence must be considered.

18. Violence Against Women and Children

Cases under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act, may involve acts of physical, sexual, psychological, or economic abuse.

Because RA 9262 is a special law and may impose significant penalties, a case filed after more than two years may still be legally possible, depending on the specific offense and penalty.

Additionally, abusive conduct may involve continuing acts. In some situations, the question may not be limited to one isolated date, especially where the alleged abuse continued over time.

19. Child Abuse and Related Offenses

Cases involving child abuse, sexual abuse, exploitation, trafficking, or similar offenses may carry longer prescriptive periods and may be governed by special laws.

For serious offenses involving minors, a case may still be filed long after two years. Some laws also contain special rules recognizing the vulnerability of minors and the delayed reporting of abuse.

The specific offense charged is crucial.

20. Rape and Other Serious Sexual Offenses

Rape and other serious sexual offenses generally have long prescriptive periods, depending on the applicable law, penalty, and circumstances.

A criminal complaint filed more than two years after the alleged act may still be timely.

In cases involving minors, the law and jurisprudence may be especially protective, and delayed reporting does not automatically bar prosecution.

21. Anti-Graft and Corruption Cases

Offenses under the Anti-Graft and Corrupt Practices Act and related laws often have long prescriptive periods.

In corruption cases, prescription may also involve the date of discovery, especially where acts were concealed and later discovered through audit, investigation, or official review.

Thus, a case filed after more than two years may still be valid.

22. Tax Cases

Tax-related criminal offenses may have special prescriptive rules. The applicable period may depend on the Tax Code, the act alleged, the date of discovery, administrative proceedings, and other statutory provisions.

Because tax cases involve specialized rules, the two-year mark alone is not decisive.

23. Election Offenses

Election offenses may have their own prescriptive periods under election laws. These periods may differ from the general rules under the Revised Penal Code.

For election-related criminal liability, one must check the specific offense and applicable election statute.

24. Continuing Crimes

Some offenses may be considered continuing in nature. In continuing crimes, the wrongful conduct may extend over a period of time, and prescription may be counted differently.

Examples may arise in cases involving illegal detention, continuing abuse, possession offenses, or other acts where the unlawful state continues.

If the offense continued into a later date, the prescriptive period may not be counted solely from the first act.

25. Continuing Offense vs. Repeated Acts

It is important to distinguish a continuing offense from repeated separate offenses.

A continuing offense is one where the criminal act or condition continues over time. Repeated acts, on the other hand, may constitute separate offenses, each with its own prescriptive period.

For example, repeated threats, repeated abuse, repeated non-payment where criminalized, or repeated fraudulent acts may need to be analyzed individually.

26. Does Delay Automatically Dismiss a Criminal Case?

No. Delay alone does not automatically dismiss a criminal case.

The accused must usually raise prescription as a defense. If the face of the complaint or information shows that the offense has prescribed, the case may be dismissed. If the facts are disputed, the court may need to examine evidence.

Delay may also raise other constitutional or procedural issues, such as the right to speedy disposition of cases or the right to speedy trial. These are related but distinct from prescription.

27. Prescription vs. Speedy Disposition of Cases

Prescription concerns the period for filing or initiating the criminal action.

The right to speedy disposition of cases concerns unreasonable delay in the investigation, prosecution, or resolution of a case after proceedings have already begun.

A case may be filed within the prescriptive period but still be challenged if there was unjustified delay in preliminary investigation or court proceedings.

Conversely, a case may have prescribed even before any valid proceeding was filed.

28. Prescription vs. Laches

Laches is an equitable concept based on unreasonable delay causing prejudice. In criminal cases, prescription is the more directly applicable doctrine.

The State’s right to prosecute crimes is generally governed by statutory prescription, not merely by laches. However, delay may still be relevant to constitutional rights, due process, and fairness.

29. Who May Raise Prescription?

The accused may raise prescription as a defense.

It may be raised in a motion to quash the Information when the ground is apparent from the allegations or records. It may also be raised during trial if factual matters must be established.

In some cases, courts may dismiss a criminal action when prescription is clear.

30. Can the Prosecutor Still Accept a Complaint After Two Years?

Yes. A prosecutor may accept and evaluate a complaint filed after more than two years if the offense has not prescribed.

The prosecutor will determine whether there is probable cause and whether the case may still legally proceed.

If the offense has already prescribed, the prosecutor may dismiss the complaint or the accused may later seek dismissal in court.

31. Can the Court Still Try the Case?

Yes, if the criminal action was filed within the applicable prescriptive period and the court has jurisdiction.

But if the offense has already prescribed before the valid institution of proceedings, the court may dismiss the case because the State’s right to prosecute has been extinguished.

32. Effect of Filing in the Wrong Office

Filing in the proper office matters.

A complaint must generally be filed before the authority legally empowered to act on it. Filing in the wrong office may not always interrupt prescription.

For example, if the law requires filing with the prosecutor or the court, merely complaining to an office without authority to commence proceedings may not necessarily stop the running of prescription.

The effect depends on the offense, procedural rule, and nature of the authority where the complaint was filed.

33. Barangay Conciliation and Prescription

Some disputes between individuals must undergo barangay conciliation before court action, if they fall within the jurisdiction of the Katarungang Pambarangay system.

The effect of barangay proceedings on prescription must be considered carefully.

For covered offenses, the running of prescriptive periods may be affected by the filing of the complaint before the barangay, subject to statutory limits and procedural rules.

However, serious offenses and offenses punishable by imprisonment exceeding the barangay jurisdictional threshold are generally not subject to barangay conciliation requirements.

34. Civil Liability May Be Different

A criminal case and a civil action are related but distinct.

Even if a criminal case can no longer be filed because of prescription, there may still be a possible civil remedy depending on the facts and applicable civil prescriptive period.

For example, a person may be barred from pursuing criminal prosecution but may still have a civil claim for damages, breach of contract, recovery of property, or other civil relief.

The opposite may also happen: the civil action may be prescribed while the criminal action remains viable.

35. Prescription May Be Waived If Not Properly Raised

Prescription is a defense that must generally be invoked. If not timely raised, complications may arise.

However, because prescription affects the State’s right to prosecute and may appear from the record, courts may consider it when properly brought to their attention.

An accused facing an old charge should raise prescription clearly and at the earliest appropriate stage.

36. The Complaint Date Matters

To determine whether a case was filed on time, the following dates are important:

date the alleged offense was committed;
date the offense was discovered;
date the offended party learned of the offender’s identity;
date a complaint was filed with the prosecutor, court, or proper authority;
date preliminary investigation began;
date the Information was filed in court;
dates of any interruptions, suspensions, or dismissals.

A case filed after two years may still be timely if the relevant filing date occurred within the applicable prescriptive period.

37. What If the Offender Was Unknown?

If the offender was unknown, prescription may involve the date of discovery of both the crime and the person responsible.

Where the law speaks of discovery by the offended party, authorities, or their agents, courts may examine when there was sufficient knowledge to proceed against the person charged.

However, one cannot always delay prescription indefinitely by claiming lack of knowledge. The facts must support the claim.

38. What If the Accused Left the Philippines?

Under Article 91 of the Revised Penal Code, prescription does not run when the offender is absent from the Philippine Archipelago.

Thus, if the accused left the Philippines, this may affect the computation of prescription.

This rule can be important in cases where the accused evaded prosecution or stayed abroad during the running of the prescriptive period.

39. What If the Case Was Dismissed and Refiled?

If a complaint was filed, dismissed, and later refiled, prescription issues may arise.

The effect depends on:

why the case was dismissed;
whether the dismissal was provisional or final;
whether the dismissal was with or without prejudice;
whether prescription had already run before refiling;
whether the period was interrupted while the earlier case was pending.

The specific procedural history must be examined.

40. Crimes That May Not Prescribe

Some offenses may be imprescriptible, meaning they do not prescribe.

Examples include certain crimes under international law or special statutes, such as genocide, crimes against humanity, war crimes, and other offenses declared imprescriptible by law.

For ordinary criminal offenses, however, prescription usually applies unless the law provides otherwise.

41. How to Analyze Whether a Case Can Still Be Filed After More Than Two Years

A proper legal analysis should proceed as follows:

Step 1: Identify the exact offense

The title or description of the incident is not enough. The exact criminal provision matters.

For example, “fraud” may refer to estafa, other deceits, falsification, cybercrime, securities fraud, or another special law offense.

Step 2: Determine whether the offense is under the Revised Penal Code or a special law

This affects which prescription rule applies.

Step 3: Determine the penalty prescribed by law

The prescriptive period usually depends on the penalty.

Step 4: Determine when prescription began to run

This may be the date of commission, date of discovery, or another date fixed by law.

Step 5: Determine whether prescription was interrupted

Filing with the proper authority may interrupt prescription.

Step 6: Check for special rules

Special laws, continuing offenses, minors, public officers, cybercrime, tax, election, and corruption cases may have special rules.

Step 7: Compare the elapsed time with the prescriptive period

Only then can one determine whether the criminal case is still legally possible.

42. Practical Examples

Example 1: Slight physical injuries reported after three years

If the offense is slight physical injuries with a short prescriptive period, a complaint filed after three years would likely be barred.

Example 2: Estafa discovered after three years

If the alleged fraud was discovered only recently and the applicable prescriptive period is longer than two years, the case may still be filed.

Example 3: Libel complained of after two years

Ordinary libel generally prescribes in one year, so a complaint filed after two years may be subject to dismissal.

Example 4: Theft involving significant value

Depending on the penalty and amount involved, a theft case may still be filed after two years.

Example 5: Serious sexual offense reported years later

A serious sexual offense may still be prosecuted long after two years, depending on the applicable law and facts.

43. Common Misconceptions

Misconception 1: All criminal cases prescribe in two years

False. Many crimes have prescriptive periods longer than two years.

Misconception 2: The counting always starts from the date of the incident

False. In some cases, counting begins from discovery.

Misconception 3: Filing with the prosecutor does not matter unless the case reaches court

False. In many situations, filing with the prosecutor may interrupt prescription.

Misconception 4: A delayed complaint is automatically weak

False. Delay may affect credibility in some cases, but it does not automatically bar prosecution.

Misconception 5: Prescription and acquittal are the same

False. Prescription bars prosecution due to lapse of time. Acquittal means the prosecution failed to prove guilt beyond reasonable doubt.

44. The Role of Preliminary Investigation

For offenses requiring preliminary investigation, the offended party usually files a complaint-affidavit before the prosecutor’s office.

The prosecutor then determines probable cause.

If probable cause exists, an Information is filed in court.

The timing of the complaint before the prosecutor may be crucial in determining whether prescription was interrupted.

45. The Role of the Information

The Information is the formal criminal charge filed in court by the prosecutor.

For offenses requiring court prosecution, the filing of the Information gives the court jurisdiction over the criminal case.

However, for prescription purposes, the relevant filing may sometimes be the filing of the complaint with the prosecutor, depending on the offense and applicable rule.

46. The Role of the Affidavit-Complaint

An affidavit-complaint is often the first formal step in criminal proceedings.

It should clearly state:

the facts constituting the offense;
the dates of commission and discovery;
the identity of the respondent;
supporting documents;
witness affidavits;
evidence showing probable cause.

For old incidents, it is especially important to explain when the offense was discovered and why the complaint is still timely.

47. Evidence Problems in Old Criminal Cases

Even if a criminal case can still be filed after more than two years, the passage of time may create evidentiary difficulties.

Possible problems include:

missing documents;
unavailable witnesses;
faded memories;
lost physical evidence;
difficulty authenticating records;
questions about delay in reporting;
credibility attacks by the defense.

Thus, legal timeliness and evidentiary strength are separate issues.

A case may be timely but weak. A case may be factually strong but already prescribed.

48. Defense Strategies in Old Criminal Cases

An accused facing a criminal case filed after more than two years may consider raising:

prescription of the offense;
violation of the right to speedy disposition of cases;
lack of probable cause;
insufficiency of the complaint or Information;
failure to allege essential elements;
lack of jurisdiction;
denial of due process;
weakness of evidence;
alibi, denial, good faith, or other substantive defenses.

Prescription is often raised through a motion to quash if apparent from the Information or record.

49. Prosecution Strategies in Old Criminal Cases

A complainant or prosecutor seeking to file a case after more than two years should be prepared to show:

the applicable prescriptive period is longer than two years;
the crime was discovered later;
the complaint was filed within the prescriptive period;
prescription was interrupted by timely proceedings;
the offense is continuing in nature, if applicable;
special laws provide a longer period;
the accused was absent from the Philippines, if relevant;
sufficient evidence still exists to establish probable cause and guilt.

50. The Importance of the Exact Charge

A single factual incident may give rise to multiple possible charges, each with a different prescriptive period.

For example, a fraudulent transaction may involve:

estafa;
falsification;
use of falsified documents;
cybercrime;
violation of a special law;
civil fraud;
breach of contract.

Each has different elements, penalties, and prescription rules.

The viability of a criminal case after two years may depend heavily on correct legal characterization.

51. The Importance of Jurisdiction

Prescription also interacts with jurisdiction.

Some cases are filed before the Municipal Trial Court, while others are filed before the Regional Trial Court, depending on the penalty and offense.

The level of court may also affect procedural rules, including whether summary procedure applies.

Filing in the correct forum matters because proceedings before an improper body may create prescription issues.

52. Criminal Cases Under Summary Procedure

Certain criminal cases are covered by the Rules on Summary Procedure.

For these cases, procedural rules on commencement and prescription must be checked carefully.

In some instances, filing directly with the court may be required, while in others preliminary processes may apply.

The distinction matters because the wrong filing route can affect whether prescription was interrupted.

53. When More Than Two Years Is Clearly Too Late

A criminal case filed after more than two years may be clearly too late when the offense has a prescriptive period shorter than two years, such as:

light offenses;
oral defamation;
slander by deed;
ordinary libel;
certain minor offenses;
certain ordinance violations;
special law offenses with short penalties and short prescriptive periods.

Even then, the exact facts and any interruption must be reviewed.

54. When More Than Two Years Is Usually Not Too Late

A criminal case filed after more than two years may still be viable for:

serious felonies;
offenses punishable by correctional or afflictive penalties;
estafa involving penalties with longer prescription;
theft involving penalties with longer prescription;
falsification;
serious physical injuries;
serious sexual offenses;
child abuse;
VAWC cases;
anti-graft cases;
drug offenses;
certain cybercrimes;
certain tax and corporate offenses;
offenses under special laws with longer prescriptive periods.

Again, the exact offense and penalty control.

55. Prescription Is a Matter of Law and Fact

Prescription can be a pure question of law if all relevant dates and facts are undisputed.

But it can also be a factual issue if there is disagreement about:

when the crime was discovered;
whether the complainant knew the offender’s identity;
whether a prior complaint interrupted prescription;
whether the accused was absent from the Philippines;
whether the offense was continuing;
what exact offense was committed.

When facts are disputed, courts may require evidence before resolving the issue.

56. Conclusion

A criminal case in the Philippines can still be filed after more than two years if the offense has not yet prescribed.

The two-year mark is not a universal deadline. Some crimes prescribe in two months, six months, or one year. Others prescribe in five, ten, fifteen, or twenty years. Some offenses under special laws have their own periods. Some serious crimes may be prosecuted even after a long lapse of time, and some offenses may not prescribe at all.

The decisive factors are the exact offense, the penalty prescribed by law, the date of discovery, whether prescription was interrupted, whether the accused was absent from the Philippines, and whether special laws or procedural rules apply.

In Philippine criminal law, therefore, the answer to whether a criminal case may still be filed after more than two years is:

Yes, it may still be filed — but only if the applicable prescriptive period has not expired.