I. Framing the Question

In the Philippines, many people only find the courage, language, or support to talk about childhood abuse years—sometimes decades—after it happened. A very common question is:

“I was abused as a child. I’m an adult now. Can I still file a criminal case?”

The short answer is: yes, an adult can still file a criminal complaint for abuse that happened when they were a child — if certain legal conditions are met, the most crucial of which is whether the crime has prescribed (i.e., whether the statute of limitations has run).

This article explains, in Philippine context:

The main laws on child abuse and related offenses
How prescription (statutes of limitation) works in criminal cases
When adult survivors can still file criminal cases
Practical steps and strategic considerations for adult survivors

(This is for general information only and is not a substitute for advice from a Philippine lawyer who can assess a specific case.)

II. Legal Framework: What Counts as “Child Abuse”?

A child is generally defined in Philippine law as a person below 18 years of age, or one over 18 but unable to fully take care of or protect themselves because of disability or condition.

Key statutes that often apply to abuse suffered while the victim was a child include:

Revised Penal Code (RPC) –
- Rape, acts of lasciviousness, physical injuries, serious illegal detention, grave threats, etc.
Republic Act No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act
- Covers physical, psychological, sexual abuse, child exploitation, and other forms of maltreatment.
RA 8353 – Anti-Rape Law of 1997
- Redefined rape as a crime against persons and generally made it a public crime (the State can prosecute even without the victim initiating a private complaint).
RA 9262 – Anti-Violence Against Women and their Children Act
- Protects women and their children from physical, sexual, psychological, and economic abuse by intimate partners and certain relatives.
RA 9208 as amended by RA 10364 – Anti-Trafficking in Persons Act
- Covers recruitment, transport, or harboring of persons, especially children, for exploitation.
RA 9775 – Anti-Child Pornography Act
RA 11648 – Raised the age of sexual consent to 16 years, with specific provisions for close-in-age situations.
Other laws: Anti-Hazing, cybercrime law (for online exploitation), prohibition of child marriage, etc.

An act can fall under more than one law. For example, sexual abuse by a stepfather may simultaneously be:

Rape (RPC, as amended)
Child abuse (RA 7610)
Violence against a woman’s child (RA 9262, in some circumstances)

III. Being an Adult Survivor Does Not Erase the Crime

In Philippine criminal law, the age of the victim at the time of filing is not what determines whether a case can still be prosecuted.

What matters is mainly:

The nature of the crime (what law and what penalty applies); and
Whether the crime has already prescribed (i.e., the legal deadline for prosecution has passed).

So, an adult survivor can absolutely walk into a police station or prosecutor’s office and file a criminal complaint now for acts that occurred when they were a child.

The State may still prosecute if the offense has not yet prescribed and is not barred by other legal doctrines (like ex post facto prohibition—no punishment for acts that were not criminal at the time they were committed).

IV. Prescription (Statutes of Limitation) in Criminal Cases

This is the core issue for adult survivors.

A. General Rules under the Revised Penal Code

Articles 90 and 91 of the RPC provide the general prescriptive periods for crimes, based on the penalty:

Crimes punishable by death, reclusion perpetua, or reclusion temporal – prescribes in 20 years
Crimes punishable by other afflictive penalties (like prision mayor) – 15 years
Crimes punishable by correctional penalties (like prision correccional) – 10 years
Crimes punishable by arresto mayor – 5 years
Light offenses – 2 months
Special rules for libel, oral defamation, etc.

When does the prescriptive period start to run? Under Article 91, generally:

From the day the crime is discovered by the offended party, the authorities, or their agents;
It is interrupted by the filing of a complaint or information (i.e., starting proper proceedings);
If proceedings are dismissed without trial on the merits, the period starts running again and the time that has passed is counted.

In practice, courts often assume that the victim knew of the abuse when it occurred (especially in physical and sexual abuse), so the clock typically runs from the date of the act itself—unless there’s a strong legal basis that discovery happened later.

B. Special Laws: RA 7610 and Others

For many child-related offenses under special laws (like RA 7610, RA 9775, etc.), the law may be silent on prescription. In that case, Act No. 3326 on violations of special laws usually applies, which generally sets prescriptive periods based on the maximum penalty (similar logic as the RPC).

Roughly:

Offenses punishable by imprisonment of 6 years or more – prescriptive period often around 12 years
Lesser penalties – shorter periods (e.g., 8, 4, or 2 years)

Some newer laws (e.g., anti-trafficking) specifically provide longer prescriptive periods in the law itself, often 20 years or more, sometimes computed from release from exploitation or discovery.

Because penalties differ a lot from offense to offense, the exact prescriptive period has to be calculated for each specific crime, based on the particular law and its penalty provisions.

V. Common Child-Abuse-Related Crimes and Their Time Limits (General Guidance)

Below is a simplified (not exhaustive and not exact for every case) way to think about typical prescription issues. Actual cases require precise computation.

Rape of a child (RPC/RA 8353, often reclusion perpetua)
- Usually prescription: 20 years
- Counting often from the date of the rape (or each rape if repeated).
- If the last incident happened when the child was, say, 17, the State may prosecute up to 20 years from that last incident.
Acts of Lasciviousness (Art. 336 RPC)
- Penalty: prision correccional → typically 10-year prescriptive period.
- Each act usually counted separately, unless legally treated otherwise.
Child Abuse (RA 7610, Sec. 5, 10, etc.)
- Penalties range up to reclusion temporal or more, depending on the form and severity.
- Using Act 3326 as a reference, many serious offenses may have prescriptive periods on the order of 10–12 years, sometimes more, depending on penalty.
Trafficking in Persons Involving a Child (RA 9208 as amended)
- Heavy penalties, often reclusion temporal to reclusion perpetua, with special rules on prescription (commonly 20 years or more).
- Sometimes prescriptive period starts from release from trafficking or discovery.
Child Pornography (RA 9775)
- Penalties also generally high; prescriptive periods often comparable to serious felonies.
- Ongoing possession or distribution of images can be argued as continuing offenses, meaning prescription may only start when the illegal act stops or is discovered.

Again, these are general orientations, not fixed numbers for every case. Small changes in facts (e.g., if the offender is a public officer, or exact nature of the act) can change the computation.

VI. Continuing or Repeated Abuse

Child abuse is often repeated over time. Legally, this can matter in two ways:

Each act as a separate crime
- Example: multiple rapes over several years.
- Even if earlier incidents are already prescribed, later incidents that occurred within the prescriptive period may still be prosecutable.
Continuing offenses
- Some crimes (like trafficking, illegal detention, or ongoing exploitation/child pornography) can be argued as continuing while the situation persists.
- The prescriptive period may start only when the victim is liberated or the illegal situation stops.

This is why it’s important, even for adult survivors, to tell the full timeline to a lawyer or prosecutor. Incidents closer in time might still be prosecutable even if very early childhood abuse is time-barred.

VII. Ex Post Facto Laws: When New Laws Cannot Reach Old Acts

The Philippine Constitution prohibits ex post facto laws—criminal laws that retroactively punish acts that were not criminal at the time they were done, or that aggravate the punishment.

This has consequences for adult survivors:

If the abusive act was already a crime under existing laws when it happened (for example, rape even before RA 8353, or child abuse under RA 7610), then prosecution is based on those laws, subject to their prescriptive periods.
If a later law created a new crime (e.g., a new specific offense like child marriage, or a new special form of cyber exploitation), it generally cannot be used to prosecute acts committed before that law came into effect.
However, if the abusive pattern continued past the effectivity of the new law, the post-law acts might be prosecutable under the new statute.

So: new laws do not “revive” already prescribed crimes, and they don’t usually criminalize past conduct retroactively.

VIII. Evidence and Late Reporting

Adult survivors often worry: “It happened years ago. I have no physical evidence. Will anyone believe me?”

Some points to keep in mind:

Testimony alone can be enough
- In Philippine jurisprudence, the credible testimony of the victim, especially in sexual abuse, can be sufficient for conviction, even without medical findings—particularly in child rape cases.
- Delays in reporting have been recognized as common in sexual abuse due to fear, shame, trauma, or the abuser’s influence.
Corroborating evidence helps but isn’t mandatory
- Old medical records, school or church reports, diaries, texts, letters, photos, or witnesses (neighbors, relatives, teachers) may help corroborate.
- Even if no physical evidence exists, patterns of behavior and consistent testimony may carry weight.
Delay does not automatically destroy credibility
- Courts have repeatedly ruled that there is no standard behavior for victims of sexual or child abuse, and that delay in reporting is not automatically inconsistent with truth.
- However, very long delays combined with prescription issues can make prosecution legally impossible even if morally compelling.

IX. Where and How an Adult Survivor Can File a Case

Even as an adult, a survivor of child abuse can initiate action by:

Going to the police, preferably a Women and Children Protection Desk (WCPD) at a police station.
- They can take a sworn statement and prepare a criminal complaint.
Going directly to the Office of the City or Provincial Prosecutor
- You may file a sworn complaint-affidavit there.
- Often done with the assistance of a lawyer, Public Attorney’s Office (PAO), or NGO.
Reporting to the National Bureau of Investigation (NBI)
- NBI has units handling violence against women and children, cybercrime, trafficking, etc.
Seeking help from PAO or legal aid groups
- PAO (for indigent clients), integrated bar legal aid offices, women’s and children’s rights NGOs.

Key practical tips:

Prepare as accurate a timeline as possible (even approximate years and ages).
List who abused you, where, and how often.
Note any witnesses or people you told at the time or later.
Bring any documents or records you have (even old diaries, letters, messages).

A lawyer or prosecutor will then evaluate:

What specific crimes may be charged
Whether the crimes have prescribed
What evidence is available for each incident

X. Overlapping Remedies: Criminal, Civil, and Administrative

While the main question is about criminal cases, adult survivors should know they may have other legal avenues:

Civil Actions for Damages
- The victim can claim moral, exemplary, and other damages due to the abuse.
- A civil action may be:
  - Deemed instituted with the criminal case, or
  - Filed separately (before or after the criminal case, depending on circumstances).
- Civil actions also have prescriptive periods, but disability due to minority can suspend running of the prescriptive period in certain situations under the Civil Code.
Administrative Complaints
- If the abuser is a teacher, doctor, priest, government employee, etc., there may be administrative cases before DepEd, CHED, PRC, the Ombudsman, or internal church/school processes.
- These can lead to suspension, dismissal, or loss of license, even if a criminal case is difficult or prescribed.
Protection Orders (especially under RA 9262)
- If the survivor is still in contact with the abuser (e.g., abusive parent, step-parent, or partner), they may seek protection orders (Barangay, Temporary, or Permanent) under RA 9262 if the situation fits that law (e.g., violence against women and their children).

XI. Special Situations

Abuse by a Parent or Close Relative Living in the Same House
- The law recognizes the influence, moral ascendancy, and control such abusers have.
- This can aggravate the penalty or qualify the offense (e.g., qualified rape, qualified child abuse).
Abuse Committed Abroad
- Generally, Philippine criminal law applies within Philippine territory.
- However, some laws (e.g., trafficking, child pornography, certain crimes committed by or against Filipino citizens abroad) may have extra-territorial applicability.
- This requires close legal analysis of citizenship, location, and applicable statutes.
Abuser is Still Abusing Other Children
- Even if your own case is prescribed, your information can help protect current children.
- Authorities may use your testimony as background or pattern evidence in new cases involving victims whose incidents are within the prescriptive periods.

XII. So—Can Adult Survivors Still File Criminal Cases?

Putting it all together:

Yes, adult survivors of child abuse in the Philippines can still file criminal complaints.
The key legal question is whether the specific crimes have prescribed under Philippine law.
For many serious offenses (such as rape, trafficking, and certain forms of sexual abuse of children), prescriptive periods can be long (often 10–20 years or more), and repeated or continuing abuses may bring later incidents within that window.
Even if some incidents are too old, others may still be prosecutable, especially if the abuse continued into later childhood or adolescence.
Survivors retain important options beyond criminal prosecution: civil actions, administrative complaints, and protective measures.

XIII. Practical Next Step for a Survivor

If you (or someone you’re helping) are an adult survivor of child abuse and are considering legal action:

Write down a detailed but private timeline of what happened.
Consult a Philippine lawyer, PAO, or a reputable NGO focused on women and children.
Bring your timeline and any documents you have.
Ask specifically about:
- Which crimes may apply
- How prescription might be computed in your case
- The risks, benefits, and emotional demands of proceeding

The law has limits—especially on time—but it also recognizes that child abuse is grave, and that disclosure and justice often come late. Even if full criminal accountability may no longer be legally possible for very old incidents, you still have rights, and your story can matter for your own healing and for the protection of others.