1) The Core Issue: Prescription (Statute of Limitations)

In Philippine criminal law, the State’s right to prosecute is not open-ended. After a legally defined time, a crime may be time-barred (or “prescribed”), meaning criminal liability is extinguished by prescription.

Two different prescription frameworks matter:

Crimes under the Revised Penal Code (RPC) – prescription is governed mainly by Articles 90–91 (and related provisions).
Offenses under special laws (Republic Acts like RA 7877) – prescription is usually governed by Act No. 3326, unless the special law sets its own period.

That distinction is why “sexual harassment” and “acts of lasciviousness” can have very different time limits.

2) Don’t Confuse the Labels: “Sexual Harassment” vs “Acts of Lasciviousness”

A. Sexual Harassment (usually RA 7877; sometimes RA 11313 in newer situations)

In everyday speech, many people call any unwanted sexual act “sexual harassment.” Legally, “sexual harassment” is a specific concept under Philippine statutes.

RA 7877 (Anti-Sexual Harassment Act of 1995) focuses on harassment in a workplace, education, or training environment, typically involving authority, influence, or moral ascendancy (e.g., boss/manager over employee; teacher over student).
RA 11313 (Safe Spaces Act / “Bawal Bastos,” 2019) broadened coverage, including gender-based sexual harassment in public spaces, online, and expanded workplace coverage (including peer-to-peer situations). But it generally cannot be used to prosecute acts before it took effect, if doing so would disadvantage the accused (non-retroactivity of penal laws unfavorable to the accused).

B. Acts of Lasciviousness (RPC Article 336)

“Acts of lasciviousness” is an RPC crime often used for non-penetrative sexual assault-type conduct (e.g., groping/fondling) committed:

by force or intimidation, or
when the victim is deprived of reason/unconscious, or
when the victim is under circumstances recognized by law as rendering valid consent impossible (context matters heavily).

It is not “mere” verbal harassment; it typically involves lewd physical acts.

3) Quick Practical Answer for the 9–10 Year Timeline

If the incident fits Acts of Lasciviousness (RPC Art. 336)

Often still possible at 9–10 years, because this crime is generally within the 10-year prescription range (explained below).
But it becomes tight as the 10-year mark approaches, unless prescription was interrupted/tolled.

If the incident fits Criminal Sexual Harassment under RA 7877

Usually NOT after 9–10 years, because the prescriptive period for RA 7877 prosecutions is much shorter (commonly 4 years based on Act No. 3326 and RA 7877’s penalty range).

If the facts are more serious than “acts of lasciviousness”

If there was penetration (even minimal, depending on the act), the proper charge may be rape or rape by sexual assault, which typically has longer prescription (often 15–20 years, depending on the penalty).
If the victim was a minor, the facts may fall under child abuse/sexual abuse statutes (e.g., RA 7610) or other special laws with different penalties and timelines—often allowing cases beyond 9–10 years.

4) Prescription Rules You Need to Know (Philippine Basics)

A. How prescription is measured

Prescription is generally counted from:

the date the crime was committed, or
if the crime was not known at the time, from discovery and the initiation of proceedings for investigation/punishment (this “discovery” rule exists in both RPC doctrine and Act No. 3326 contexts, but courts apply it carefully).

B. Interruption / tolling (very important)

Prescription does not always run straight through. Common factors that can stop or pause the clock include:

Filing of a complaint with the proper authority (commonly, a complaint-affidavit filed with the prosecutor or the filing of an information in court, depending on the context and offense).
The accused being absent from the Philippines (for certain computations, absence can affect running of prescription).

Because the rules can be technical, two cases with the same “9–10 years” timeline can end up with different outcomes.

5) Acts of Lasciviousness (RPC Article 336): What It Is and Why 9–10 Years Can Still Work

A. Typical elements (high-level)

While exact phrasing varies in discussion, courts generally look for:

A lewd act (lascivious conduct),
Done under circumstances comparable to those that vitiate consent (e.g., force/intimidation, unconsciousness, etc.),
With lewd intent (often inferred from the act and circumstances),
The act does not amount to rape/sexual assault requiring penetration (otherwise a different charge may be proper).

B. Usual prescriptive period

“Acts of lasciviousness” is penalized with a correctional penalty range under the RPC. Crimes punishable by correctional penalties commonly prescribe in 10 years under RPC Article 90.

Implication:

If the incident happened 9 years ago, it is generally still within time.
If it happened 10 years ago, it may be on the edge or already prescribed depending on the exact date and whether prescription was interrupted.

C. A critical procedural feature: it is traditionally treated as a private crime

Offenses in the “crimes against chastity” cluster (historically including acts of lasciviousness) have special rules on who may institute the complaint (often the offended party, or parents/guardian in certain cases). This affects how a case must be initiated.

D. Practical reality: evidence and credibility after a decade

Even if still timely, after 9–10 years the case often turns on:

consistency and detail of testimony,
corroboration (messages, admissions, witnesses to disclosure, patterns, similar incidents),
the defense’s alibi/denial and plausibility,
reasons for delayed reporting (not legally required to be “perfect,” but can be tested in court).

Delayed reporting does not automatically defeat a complaint, but it can affect how the fact-finder views the narrative.

6) Criminal Sexual Harassment Under RA 7877: Why 9–10 Years Is Usually Too Late

A. What RA 7877 typically targets

RA 7877 is centered on harassment in settings like:

employer/employee relationships,
teacher/student relationships,
trainer/trainee relationships,

where the offender uses authority or moral ascendancy to:

demand sexual favors as a condition for employment/grades/training benefits, or
commit sexual conduct that creates an intimidating, hostile, or offensive environment within those settings (as treated in RA 7877 practice).

B. Penalty range (drives prescription)

RA 7877’s criminal penalties are relatively light (short imprisonment and/or fine). Because it is a special law, prescription is typically computed using Act No. 3326, which sets periods based on the penalty.

For offenses with a maximum imprisonment falling below 2 years but above 1 month, the prescriptive period commonly applied is 4 years.

Implication: A purely RA 7877 criminal case based on conduct from 9–10 years ago is, in most situations, already prescribed.

C. Common exception-like scenario: repeated acts

If the behavior was repeated over time, older acts may be prescribed, but later incidents might still be actionable (each act can be treated separately depending on how it is charged and proven).

7) The Safe Spaces Act (RA 11313): Helpful for Newer Cases, Usually Not for 9–10 Years Ago

RA 11313 (2019) is pivotal for modern harassment patterns (public spaces, online, peer-to-peer workplace settings), but for a 9–10-year-old incident:

If the act happened before the law took effect, prosecution under RA 11313 for that past act is generally not allowed if it would disadvantage the accused (constitutional and statutory principles against retroactive penal laws unfavorable to the accused).
If harassment continued into the effectivity period, post-effectivity acts may be chargeable.

8) When a “Harassment” Story Is Actually a Different Crime (Often With Longer Time Limits)

Many situations described as “sexual harassment” are legally better charged under other laws, which can change the 9–10-year answer:

A. Rape / Rape by Sexual Assault (RPC)

If there was penetration (even without intercourse in the traditional sense), the proper classification may shift to:

Rape (generally carries very severe penalties, often associated with 20-year prescription),
Rape by sexual assault (commonly associated with 15-year prescription because the penalty is typically afflictive).

Implication: A 9–10-year-old incident may still be timely.

B. Child sexual abuse / exploitation laws (e.g., RA 7610 and related statutes)

If the victim was a minor at the time, and the act constitutes sexual abuse/lascivious conduct as punished under child protection laws, the applicable penalties and prescription rules can be different—often making 9–10 years still potentially actionable.

C. VAWC (RA 9262) (when the offender is a spouse/ex-partner/dating partner)

If the offender is within the relationships covered by RA 9262 and the act constitutes sexual violence, RA 9262 may provide another route, often with penalty structures that may keep a case viable after 9–10 years depending on the classification.

9) Administrative Cases vs Criminal Cases (They Are Not the Same Clock)

Even when criminal prosecution is prescribed, there may be other tracks:

A. Workplace/school administrative proceedings

Employers and schools are required to have internal mechanisms (e.g., committees, policies, investigations).
Administrative discipline does not always mirror criminal prescription rules, but delay can still matter (staleness, availability of witnesses, records retention, fairness considerations).

B. Government service administrative complaints

For public officers/employees, sexual harassment can be pursued as an administrative offense (separate from criminal liability). These processes follow civil service/ombudsman frameworks, which have their own procedural rules and may treat prescription differently than criminal statutes.

Caution: Administrative prescription rules are not uniform across all forums and can change through updated regulations.

10) How to Assess a 9–10-Year-Old Case (A Practical Legal Checklist)

Step 1: Identify the best-fit legal classification

Ask which description fits the facts:

verbal/online/public-space harassment,
workplace power-based harassment,
physical groping/fondling by force/intimidation,
penetration or forced sexual act,
child victim circumstances,
relationship context (dating/spouse).

Step 2: Determine whether the offense is under the RPC or a special law

RPC → Article 90 prescription schedule
Special law → Act No. 3326 schedule (unless the special law sets its own)

Step 3: Compute the prescriptive period from the correct start point

Usually the date of commission,
Possibly discovery for concealed/unknown offenses (fact-sensitive).

Step 4: Check for interruptions/tolling

When (if ever) was a complaint filed?
Was the respondent outside the Philippines?
Were there later incidents?

Step 5: Expect strong scrutiny of proof

Even if timely, a decade-old case typically requires careful evidence building.

11) What Filing Typically Looks Like (Criminal Route, High Level)

A complaint is usually initiated through a complaint-affidavit (often with supporting affidavits and attachments) filed with the Office of the City/Provincial Prosecutor for preliminary investigation.
Many complainants also report through the PNP Women and Children Protection Desk (WCPD) for assistance and documentation.
The prosecutor evaluates probable cause; if found, an information is filed in court.

Barangay conciliation requirements can apply to some minor offenses under certain conditions, but many sex-related crimes and cases involving force, intimidation, minors, or higher penalties are not practically treated as barangay-settlement matters.

12) Bottom Line: So, Can You Still File After 9–10 Years?

Yes, potentially, if:

the facts support Acts of Lasciviousness (RPC) and you are still within the 10-year window (accounting for exact dates and interruptions), or
the facts actually support a more serious sexual offense (rape/sexual assault) with a longer prescriptive period, or
the victim was a minor and the correct charge falls under child protection statutes that keep the case viable.

Usually no, if:

the only viable criminal classification is RA 7877 sexual harassment, which is commonly treated as having a short prescriptive period (often 4 years), making 9–10 years time-barred.

Key takeaway

“9–10 years” is not a universal bar in Philippine law for sexual wrongdoing—but it can be a bar for some offenses. The outcome depends mainly on proper legal classification and prescription computation under the correct statute.