When an attendance log is changed after payroll cutoff, the real concern is usually this: will my salary, overtime, tardiness, absence record, or disciplinary record be affected? In the Philippines, an employer may correct attendance records after cutoff when the correction is legitimate and supported by facts, such as a missed biometric punch, approved leave, system error, or late-filed official business. But an employer cannot secretly or arbitrarily alter logs to remove hours actually worked, avoid overtime or night differential, mark you absent without basis, or deduct wages unlawfully. A payroll cutoff is an administrative deadline; it is not a legal permission to rewrite what really happened.
Can an employer change attendance logs after cutoff in the Philippines?
Yes, but only for a lawful and factual reason.
Philippine labor law does not say that a daily time record, biometric record, online timesheet, or attendance sheet becomes impossible to correct after cutoff. In real workplaces, attendance records often need correction because:
- The biometric machine failed.
- The employee forgot to time in or time out.
- A supervisor approved a fieldwork or work-from-home request late.
- HR encoded the wrong schedule.
- A leave application was approved after payroll processing.
- Payroll had to recompute overtime, holiday work, or night shift differential.
What the law protects is not the “cutoff” itself. What the law protects is the employee’s right to be paid correctly for work actually performed and the right not to suffer an unfair deduction, false absence, or unjust discipline based on inaccurate records.
Under the Labor Code of the Philippines, “hours worked” include time when the employee is required to be on duty, required to be at the workplace, or suffered or permitted to work. Rest periods of short duration during working hours are also counted as hours worked. (Labor Law PH Library)
So the practical rule is simple:
| Situation | Usually allowed? | Why |
|---|---|---|
| Correcting a missed punch because the employee was actually present | Yes | The correction makes the record accurate. |
| Adding approved overtime that was not captured before cutoff | Yes | The employee must be paid for compensable work. |
| Changing “absent” to “official business” after supervisor approval | Yes | The record now reflects the approved status. |
| Removing overtime because management says it was “not budgeted” | No | Budget limits do not erase work actually required or permitted. |
| Editing time-out from 9:00 p.m. to 6:00 p.m. to avoid overtime or night differential | No | This may cause underpayment and falsify the record. |
| Marking an employee absent without notice or proof, despite screenshots, logs, or witnesses showing work | Usually unlawful or contestable | Attendance records must reflect reality and should not be used unfairly. |
| Changing logs after an employee complains about pay | Suspicious, but depends on proof | The timing may support a claim if the change is unsupported. |
Why attendance logs matter legally
Attendance logs are not just HR paperwork. They affect money, benefits, discipline, and sometimes immigration or work authorization compliance for foreign employees working in the Philippines.
A changed attendance record can affect:
- Basic salary
- Overtime pay
- Night shift differential
- Holiday pay
- Rest day premium
- Service incentive leave usage
- Tardiness deductions
- Absences without leave
- 13th month pay computation
- Final pay
- Performance evaluation
- Disciplinary action
- Termination for alleged AWOL or habitual tardiness
This is why employees should not ignore unexplained changes, even if the amount deducted looks small. A single false late mark may affect only a few pesos. Repeated changes may later be used to justify suspension, non-regularization, poor evaluation, or dismissal.
Legal basis: employee rights when attendance records are changed
Right to be paid for actual hours worked
The starting point is the Labor Code rule on working time. If you were required, allowed, or suffered to work, your time may be compensable even if the employer later changes the attendance entry.
Key Labor Code rules include:
- Article 83: normal hours of work generally should not exceed eight hours a day.
- Article 84: hours worked include required duty time, required workplace time, and time the employee is suffered or permitted to work.
- Article 87: work beyond eight hours in a day is generally subject to overtime pay.
- Article 86: night shift differential applies for covered work performed between 10:00 p.m. and 6:00 a.m.
- Articles 93 and 94: rest day and holiday work may require premium pay.
- Article 103: wages must be paid at least once every two weeks or twice a month at intervals not exceeding sixteen days.
- Article 116: withholding of wages and kickbacks are prohibited except as allowed by law.
The DOLE Workers’ Statutory Monetary Benefits Handbook also summarizes the rule that all hours required by the employer are treated as hours worked, whether or not they are spent in productive labor. (BWC Dole)
Right against unlawful wage deductions
If an attendance change results in a salary deduction, the employer should be able to explain the basis.
Examples of deductions that may be valid:
- Actual tardiness
- Actual undertime
- Absence without paid leave
- Authorized deductions required by law, such as SSS, PhilHealth, Pag-IBIG, and withholding tax
- Deductions supported by written authority and allowed by law or regulations
Examples that are legally risky:
- Deducting a full day for a minor timekeeping error when the employee actually worked
- Deducting salary because the employee forgot to punch out, despite proof of actual work
- Deducting overtime already worked because the OT form was filed late, if the employer knew or allowed the work
- Charging “penalties” not authorized by law or valid company policy
- Making deductions that effectively shift business losses or payroll errors to the employee
A company may require employees to submit correction forms before cutoff. That is a valid administrative rule. But if the company already knows the employee worked, it should not use a missed form as an excuse to keep wages that are legally due.
Right to accurate employment records
Employers are expected to maintain employment records that allow DOLE to check compliance with labor standards. Under Article 128 of the Labor Code, the Secretary of Labor and authorized representatives may access employer records and premises, copy records, question employees, and investigate facts necessary to determine labor law violations. The same provision allows DOLE to require employers to keep employment records needed for enforcement. (Labor Law PH Library)
DOLE Department Order No. 238, Series of 2023, which governs labor standards inspection, specifically refers to employment contracts, daily time records, payrolls, proof of payment of 13th month pay, service incentive leave pay, and other labor standards documents that employers may be required to present during inspection. (Labor Law PH Library)
This matters because in many salary disputes, the most important documents are in the employer’s custody, not the employee’s.
Employer has the burden to prove payment of wages and benefits
In labor cases involving unpaid monetary benefits, the Supreme Court has repeatedly recognized that the employer usually has the burden to prove payment because payrolls, personnel files, remittances, and similar records are in the employer’s possession.
In Salvador Dela Fuente v. Marilyn Gimenez, the Court reiterated the settled doctrine that when employees claim non-payment of monetary benefits with particularity, the employer must prove that wages and benefits were paid in accordance with law. (Supreme Court E-Library)
This does not mean an employee can simply make a vague claim and automatically win. The employee should still identify the dates, shifts, missing hours, changed entries, and amounts claimed as clearly as possible.
The Supreme Court has also warned that self-prepared, unsigned, and unauthenticated time records may be considered weak evidence. In Pigcaulan v. Security and Credit Investigation, Inc., the Court rejected handwritten computations and “representative daily time records” prepared only by the employees because they were unsigned, unauthenticated, and unreliable. (Lawphil)
The lesson is practical: keep your own notes, but support them with stronger proof whenever possible.
Attendance data is personal data
Attendance logs usually contain personal information: your name, employee number, location, work schedule, time-in/time-out records, leave status, biometric identifiers, IP logs, device logs, or geolocation data.
Under the Data Privacy Act of 2012, RA 10173, personal information must be processed lawfully and securely. The National Privacy Commission explains that data subjects have rights such as the right to access, the right to rectify, the right to object, and the right to file a complaint. (National Privacy Commission)
The right to rectify is especially relevant. The NPC states that a data subject has the right to dispute an inaccuracy or error in personal data and have the personal information controller correct it within a reasonable period. (National Privacy Commission)
This means an employee may ask HR or the data protection officer to correct inaccurate attendance data. However, the Data Privacy Act is not a substitute for a wage claim. If the issue is unpaid salary, overtime, or illegal deduction, the labor remedy is usually still through HR escalation, SEnA, DOLE, or the NLRC.
Right to due process if attendance records are used for discipline
Attendance logs are often used in disciplinary cases for tardiness, undertime, AWOL, abandonment, falsification, or dishonesty.
If the employer uses changed attendance logs to suspend, dismiss, or discipline an employee, the employee should be given due process. DOLE Department Order No. 147-15 states that no employee shall be terminated except for just or authorized cause and upon observance of due process. (Department of Labor and Employment)
For just-cause termination, due process generally means:
- A written notice specifying the charge and grounds.
- A reasonable opportunity to explain and present evidence.
- A hearing or conference when requested or necessary.
- A written notice of decision stating the basis for the penalty.
If the company says you were absent or late, ask for the specific dates, raw attendance logs, biometric records, system audit trail, schedule assignment, leave records, and the policy allegedly violated.
When a post-cutoff attendance change is lawful
A post-cutoff correction is usually lawful when it is transparent, factual, and properly documented.
Common valid examples include:
Missed biometric punch
You arrived at 8:00 a.m. and left at 5:00 p.m., but the biometric machine captured only your time-in. HR may mark the missing time-out based on a correction form, CCTV, supervisor confirmation, guard logbook, chat records, or system ticket.
Approved official business
A sales employee visited clients and could not punch in at the office. The attendance may initially show “absent,” then later be changed to “official business” after approval.
Work-from-home system issue
A remote employee logged into the company system and attended meetings, but the timekeeping app failed. HR may correct the record based on login records, email timestamps, project management activity, and supervisor certification.
Late-approved leave
An employee filed sick leave after returning to work because the illness was sudden. The payroll cutoff passed before approval. HR may adjust the next payroll or restore leave credits depending on policy and proof.
Payroll adjustment in the next pay period
Sometimes payroll closes before HR completes validation. In that case, the employer may process the correct amount as an adjustment in the next payroll. This is common, but it should not become a repeated excuse for delayed wages.
When changing attendance logs may violate employee rights
A post-cutoff change becomes legally problematic when it is false, arbitrary, retaliatory, or used to avoid legal pay.
Removing overtime actually worked
If your supervisor instructed you to stay until 9:00 p.m., and your time-out was later changed to 6:00 p.m., that is a serious red flag. The issue is not merely “editing.” The issue is possible underpayment of overtime and night shift differential.
Moving overtime to another day
If you worked 12 hours on Monday but HR spreads the hours across other days to make it appear you never exceeded eight hours, that may be improper. Philippine law does not allow undertime on one day to be offset by overtime on another day in a way that deprives the employee of overtime pay.
Marking you absent despite proof of work
This often happens to employees on fieldwork, hybrid work, or shifting schedules. If you have emails, chat messages, GPS logs, customer visit records, system logins, delivery slips, or supervisor instructions showing work, preserve them.
Changing logs after a complaint
If attendance records are changed only after you complain about unpaid overtime, holiday pay, or deductions, the timing may be relevant. Save screenshots before and after the change.
Using changed logs to build an AWOL case
An employer may discipline employees for real AWOL or habitual tardiness if supported by policy, records, and due process. But if the absence entries are wrong or manipulated, the employee should dispute them immediately in writing.
Deleting or hiding the audit trail
Modern HRIS, biometric, payroll, and timekeeping systems often have audit logs showing who edited an entry and when. If the company refuses to explain a change, that does not automatically prove wrongdoing, but it may become important in a DOLE or NLRC proceeding.
What employees should do if attendance logs were changed after cutoff
1. Get copies before records disappear or change again
Immediately save:
- Screenshot of the old attendance entry
- Screenshot of the changed entry
- Payslip before and after adjustment
- Payroll computation
- Overtime request or approval
- Leave application
- Work schedule
- Chat or email instructions to work
- Client visit records
- CCTV request, if available
- System login records
- Guard logbook entry, if accessible
- Witness names
Use timestamps. Do not edit screenshots except to redact private information when sharing outside formal proceedings.
2. Ask HR for the reason in writing
A calm written inquiry is better than a verbal confrontation.
You can write:
I noticed that my attendance record for [date] was changed from [old entry] to [new entry] after cutoff. May I request the basis for the correction and a copy of the supporting record or computation? I worked from [time] to [time], as shown by [proof]. Kindly advise if this will be adjusted in the current or next payroll.
This creates a paper trail. Avoid accusations like “you falsified my record” unless you already have strong proof.
3. File the company correction form
Many employers require an attendance correction form, missed punch form, overtime authorization, leave form, or ticket in the HRIS. Submit it even if you believe HR caused the error.
Attach supporting proof and keep a copy of the submission.
4. Check the payslip carefully
Compare:
- Basic pay
- Number of paid days
- Tardiness or undertime deductions
- Overtime hours
- Night differential
- Holiday pay
- Rest day premium
- Leave credits used
- 13th month pay basis, if relevant
- Final pay, if separated
A corrected attendance log does not always cause an immediate payroll adjustment. Some employers process corrections in the next cutoff. Ask for the expected adjustment date.
5. Escalate internally
If HR does not respond, escalate to:
- Payroll
- Immediate supervisor
- Department head
- Employee relations
- Grievance machinery, if unionized
- Data protection officer, if the issue involves inaccurate personal data
For unionized employees, check the collective bargaining agreement because it may contain a specific grievance process and deadline.
6. Use SEnA if internal correction fails
The Single Entry Approach, or SEnA, is a mandatory conciliation-mediation mechanism for many labor issues. It is designed to provide a speedy, impartial, inexpensive, and accessible settlement procedure before disputes become full labor cases. DOLE ARMS states that SEnA provides a 30-day mandatory conciliation-mediation service for labor and employment issues. (Sena Webb App)
A Request for Assistance may be filed by an aggrieved worker, group of workers, union, kasambahay, OFW, or employer. If the worker is absent or incapacitated, an immediate family member with a Special Power of Attorney may file. (Sena Webb App)
You may file onsite at the appropriate DOLE, NCMB, or NLRC office, or online through the DOLE Assistance for Request Management System. The NCMB also explains that SEnA may be filed onsite or online and that the requesting party will be contacted for necessary action after submission. (NCMB)
7. File the proper labor complaint if not settled
If SEnA fails, the next step depends on the issue.
| Issue | Usual forum |
|---|---|
| Unpaid wages, overtime, holiday pay, night differential, illegal deductions while employment continues | DOLE Regional Office may act through labor standards inspection/enforcement, depending on circumstances |
| Money claims with illegal dismissal, reinstatement, damages, or larger disputed issues | NLRC Labor Arbiter |
| Unionized workplace dispute covered by a CBA grievance procedure | Grievance machinery, voluntary arbitration, or appropriate labor forum |
| Data privacy issue involving inaccurate or unlawfully processed attendance data | National Privacy Commission, where appropriate |
| Possible criminal falsification of documents | Prosecutor’s office, if the facts support a criminal complaint |
Most employees start with SEnA because it is simpler, faster, and often required before formal labor adjudication.
Documents to prepare
Bring or upload organized evidence. A clear timeline often matters more than a long emotional explanation.
| Document or proof | Why it matters |
|---|---|
| Employment contract or appointment letter | Shows position, wage rate, schedule, and employment status |
| Company handbook or attendance policy | Shows rules on cutoff, corrections, tardiness, overtime, and leave |
| Payslips | Shows deductions, unpaid hours, or missing premiums |
| Attendance screenshots | Shows original and changed entries |
| Biometric printouts or HRIS export | Shows official time records |
| Overtime approvals | Shows work beyond regular hours was authorized or known |
| Chat/email instructions | Shows you were required or permitted to work |
| Leave forms and approvals | Shows absence should be paid or excused |
| Work schedule or roster | Shows expected shift and rest days |
| Client visit logs, delivery receipts, trip tickets | Useful for field employees |
| System login records | Useful for remote, BPO, IT, hybrid, or work-from-home employees |
| Written HR inquiry and response | Shows you tried to resolve the issue |
| Computation of amount claimed | Helps DOLE, SEnA, or NLRC understand the monetary claim |
For workers abroad or representatives filing for an employee who cannot personally appear, a Special Power of Attorney may be required. If the SPA is executed outside the Philippines, it may need consular acknowledgment or apostille, depending on where it was signed and how the receiving office treats the document.
Timelines and deadlines
Payroll correction timeline
In practice, many companies correct attendance issues:
- Within the same payroll, if caught before bank upload;
- In the next payroll, if cutoff already closed;
- In final pay, if the employee has resigned or been separated.
A one-time adjustment in the next payroll may be reasonable if properly explained. Repeated delays, unexplained deductions, or refusal to provide computations are different.
For contractors and subcontractors, DOLE Labor Advisory No. 11, Series of 2013, states that the payroll cutoff date should not exceed 15 calendar days from the employee’s first day of work, payroll processing from cutoff should not be more than five days, and wages should be paid after the processing period; it also reiterates that wages should be paid at least twice a month at intervals not exceeding 16 days.
SEnA timeline
SEnA is intended to run within a 30-day mandatory conciliation-mediation period. Some disputes settle quickly if the employer produces the attendance records and payroll computation. Others are referred to the proper office if no settlement is reached. (Sena Webb App)
Prescription period for money claims
Labor money claims generally prescribe in three years from the time the cause of action accrued. This rule was formerly under Article 291 of the Labor Code and is now commonly referred to under the renumbered Labor Code provisions. The Supreme Court has applied the three-year prescriptive period to money claims arising from employer-employee relations. (Supreme Court E-Library)
Do not wait until the records become hard to obtain. The longer the delay, the harder it becomes to prove exact dates and amounts.
Special situations
BPO, call center, and shifting employees
Attendance disputes are common in BPOs because schedules may cross midnight, rest days may rotate, and night differential may depend on exact login and logout times.
Check:
- System login and logout
- Phone or softphone logs
- Workforce management schedule
- Break records
- Approved overtime
- Night differential computation
- Holiday classification based on the Philippine holiday calendar and company site rules
If your shift starts at 10:00 p.m. and ends at 7:00 a.m., do not rely only on the calendar date shown in the attendance app. Ask for the payroll treatment of the shift.
Field employees and sales employees
For field employees, the key issue is often proof. If actual hours cannot be determined with reasonable certainty, some Labor Code working-time rules may apply differently. But many field employees still have schedules, location reports, call plans, client acknowledgments, GPS logs, or supervisor instructions.
If your attendance was changed to absent because you were outside the office, gather proof that the fieldwork was assigned or accepted.
Work-from-home and remote employees
Remote work does not mean “no attendance rights.” If the employer requires a schedule, timekeeping app, production quota, or online availability, records should still be handled fairly.
Useful proof includes:
- VPN logs
- Company app login history
- Email timestamps
- Chat messages
- Project management updates
- Meeting attendance
- Output submissions
- Supervisor approvals
Probationary employees
A probationary employee may be evaluated based on attendance and punctuality if those standards were made known at the start of employment. But attendance records used for evaluation should be accurate. A false late mark or false absence may affect regularization, so dispute errors promptly.
Resigned or terminated employees
Attendance corrections may affect final pay, unused leave conversion, 13th month pay, deductions, or alleged liabilities.
DOLE has reminded employers that final pay and certificates of employment should be released on time. If attendance corrections are used to delay or reduce final pay, ask for the detailed computation and basis of each deduction.
Foreign employees working in the Philippines
Foreign nationals employed in the Philippines are generally subject to Philippine labor standards for work performed here, aside from immigration and work permit rules. Attendance and payroll records may also matter for visa, alien employment permit, tax, and company compliance.
If the foreign employee is assigned by an overseas employer, works partly outside the Philippines, or is paid offshore, the governing law and forum may be more complicated. Still, Philippine work records, local payroll, payslips, and HR communications can be important evidence.
OFWs and overseas Filipino workers
For OFWs, the forum may differ depending on whether the employer, recruitment agency, manning agency, or foreign principal is involved. Attendance logs abroad may be part of a broader claim for unpaid wages, illegal deduction, contract substitution, or illegal dismissal. Keep copies of foreign timesheets, payslips, deployment contract, agency communications, and remittance records.
Can changing attendance logs be falsification?
Sometimes, but not every wrong attendance entry is a criminal case.
A simple encoding mistake, late approval, or disputed interpretation of policy is usually handled as an HR, payroll, or labor issue. However, deliberately fabricating or altering documents to damage another person may raise more serious consequences.
Article 172 of the Revised Penal Code penalizes falsification by private individuals and includes falsification of private documents when done to the damage of a third party or with intent to cause such damage. (Lawphil)
In practice, employees usually pursue payroll correction, SEnA, DOLE, or NLRC remedies first because those directly address unpaid wages or illegal deductions. Criminal complaints require a different level of proof and should be based on clear evidence of deliberate falsification, not merely suspicion.
Common mistakes employees make
Waiting until the issue becomes a disciplinary case
If your attendance is wrong, dispute it immediately. A false “late” or “absent” entry may later become part of a pattern.
Only complaining verbally
Verbal complaints are easily denied or forgotten. Send a written message and keep proof.
Not computing the amount
Instead of saying “my salary is wrong,” identify:
- Date affected
- Correct time-in/time-out
- Wrong entry
- Missing hours
- Rate or premium affected
- Estimated amount unpaid
Relying only on personal notes
Personal notes help you remember, but stronger evidence includes official logs, screenshots, approvals, messages, payslips, and witness statements.
Signing documents without reading the computation
Before signing quitclaims, clearances, final pay vouchers, or payroll adjustment acknowledgments, read whether the document says you are waiving all claims. A signature can complicate a later dispute.
Assuming company policy overrides the Labor Code
Company policy may set cutoff deadlines and correction procedures. But company policy cannot remove statutory wages, overtime, holiday pay, or other labor standards benefits that are legally due.
Sample written request to HR
Subject: Request for Attendance Correction and Payroll Review
Hi [HR/Payroll],
I noticed that my attendance record for [date] was changed after cutoff from [old entry] to [new entry]. I respectfully request the basis for the change and a copy or summary of the supporting attendance record used.
My correct work schedule/time was [time-in] to [time-out]. I have attached [screenshots/emails/approval/chat logs] showing that I worked during this period.
Kindly confirm whether the correction will be reflected in the current payroll or adjusted in the next payroll, including any effect on overtime, night differential, holiday pay, leave credits, or deductions.
Thank you.
Frequently Asked Questions
Can HR change my attendance after payroll cutoff?
Yes, HR may change attendance after cutoff if the change is a genuine correction supported by records. But HR should not use post-cutoff editing to remove hours actually worked, create false absences, or make unlawful deductions.
Is it legal to deduct my salary because I forgot to punch in?
It depends. If you truly did not work, a deduction may be valid. But if you actually worked and can prove it through supervisor confirmation, system logs, CCTV, emails, chats, or work output, the employer should not treat the missed punch alone as proof that you were absent.
What if my overtime was removed because I filed the OT form late?
A company may require timely OT filing for control and approval. However, if the employer required, allowed, or knew about the overtime work, it cannot simply erase compensable hours to avoid payment. The facts matter: who instructed you, whether the work was necessary, whether the supervisor knew, and what proof exists.
Can my employer say “no approved OT, no overtime pay”?
Approval rules are valid, but they are not absolute. If an employee voluntarily worked extra hours without the employer’s knowledge or permission, the claim may be weak. But if the employer required, allowed, accepted, or benefited from the overtime work, the employee may have a valid claim despite paperwork issues.
Can attendance logs be changed without telling the employee?
There is no single Labor Code provision requiring notice for every clerical correction. But unexplained changes that affect pay, leave, or discipline should be disclosed and supported. If the record is personal data, the employee may also invoke data privacy rights such as access and rectification.
What should I do if my biometric record was edited?
Save screenshots, request the reason for the edit, ask for the audit trail or correction basis, and compare the change with your payslip. If pay was affected and HR does not correct it, consider SEnA or the appropriate DOLE/NLRC remedy.
Can I ask for a copy of my attendance record?
Yes, you may request your attendance data from HR through company procedures. Because attendance data is personal data, you may also invoke your rights under the Data Privacy Act, including access and correction of inaccurate data.
How long do I have to claim unpaid wages due to changed attendance records?
Money claims arising from employment generally prescribe in three years from the time the claim accrued. Do not wait. Attendance records, system logs, and witnesses become harder to secure over time.
Can I file directly with DOLE?
Many labor issues first go through SEnA, which is designed for quick conciliation-mediation. If not settled, the matter may proceed to the proper DOLE office, NLRC Labor Arbiter, grievance machinery, or other appropriate forum depending on the claim.
Can my employer discipline me for questioning attendance changes?
An employee may be disciplined for misconduct, dishonesty, insubordination, or policy violations if supported by facts and due process. But a good-faith, respectful inquiry about salary or attendance accuracy should not be treated as misconduct by itself.
Key Takeaways
- Attendance logs may be changed after cutoff only to make them accurate, not to deprive employees of wages or benefits.
- A payroll cutoff is an administrative deadline, not a legal excuse to erase hours actually worked.
- If a changed log affects salary, overtime, night differential, holiday pay, leave, or discipline, ask for the basis in writing.
- Keep screenshots, payslips, approvals, messages, system logs, and your own timeline of events.
- Employers generally control the official payroll and attendance records, so they may be required to prove payment and justify corrections in labor proceedings.
- Inaccurate attendance data may also raise Data Privacy Act issues, especially the right to access and rectify personal data.
- If HR does not fix the problem, SEnA is usually the practical first step before a formal DOLE or NLRC case.
- Money claims should be acted on promptly because employment-related monetary claims generally prescribe in three years.