How Prescription Periods Are Tolled When the Offender or Victim Is a Minor in the Philippines

This is a practical, practitioner-style explainer focused on when the clock to prosecute (criminal prescription) or to sue (civil prescription) stops running because the offender or the victim is a minor. It synthesizes the baseline rules in the Revised Penal Code (RPC) and general civil law, then layers on the child-specific statutes that add tolling. It’s not legal advice; for a live case, get counsel.

A. Quick vocabulary

Prescription (criminal): The time limit to start a prosecution. If it expires, the State can no longer file the case.
Prescription (civil): The time limit to bring a civil action (e.g., damages).
Tolling / suspension: Time does not count toward the limit for a period.
Interruption: Time stops, then restarts (e.g., upon filing a complaint/information); different from tolling but similar effect on the clock.
Child / minor: A person below 18 years old (the default across child-protection statutes).

B. Baseline rules (before you factor in minority)

B1. Criminal—how the clock normally runs

What sets the basic periods:
- RPC crimes (Articles 90–91): – Crimes punishable by death, reclusion perpetua, reclusion temporal → 20 years. – Crimes punishable by other afflictive penalties → 15 years. – Crimes punishable by a correctional penalty → 10 years. – Libel → 1 year. – Light offenses → 2 months.
- Special laws (Act No. 3326): If the special law is silent, the default is generally: – Punishable by imprisonment > 6 years → 12 years; – ≤ 6 years → 5 years; – Fine only → 2 years; – Municipal ordinances → 2 months. (If the special law itself sets a different period, that governs.)
When the period starts (Art. 91, RPC): From the day the crime is discovered by the offended party, the authorities, or their agents—whichever is earlier.
What interrupts prescription (Art. 91, RPC; Act 3326): Filing a complaint or information in court interrupts. (For many special-law offenses, filing only with the prosecutor does not interrupt unless the statute says so.) If proceedings end without conviction/acquittal (and without double jeopardy), the clock starts running again.

B2. Civil—how the clock normally runs

Civil actions (e.g., quasi-delict damages, four-year period) follow the Civil Code’s rules on extinctive prescription. As a general pattern: prescription can be suspended when the plaintiff is under a legal disability (e.g., minority without a legal representative), and it does not run between certain close relations (e.g., parent–child while parental authority/guardianship subsists). Exact periods depend on the cause of action (contract, tort, annulment, etc.).

C. When the offender is a minor

C1. The big rule—automatic suspension under the Juvenile Justice law

Under the Juvenile Justice and Welfare Act (JJWA) (R.A. 9344, as amended), the prescriptive period for any offense allegedly committed by a child is suspended while the offender is below 18.
Effect: The State’s time to prosecute does not run at all during minority. On the child’s 18th birthday, the clock starts (or resumes, if it had begun before the law took effect).

Practical consequences

Applies to both RPC and special-law offenses. Whatever baseline period governs (RPC Article 90 or the special law/Act 3326) simply waits until the child turns 18.
Independent of discernment/exemption. Whether the child is exempt from criminal liability (≤15 years) or assessable for discernment (over 15 but <18) data-preserve-html-node="true" does not change the tolling rule.
Separate from suspension of sentence. JJWA also provides suspension of sentence after conviction; that affects service of penalty, not prescription of the crime.
Retroactivity in favor of the child applies (a general penal principle): cases involving acts committed by a child benefit from the suspension rule.

Worked example (offender minor)

A 16-year-old commits theft (a correctional-penalty offense; baseline 10 years). The act is discovered 1 June 2020. Prescription is suspended from 1 June 2020 until the child turns 18 (say 1 Feb 2022). The 10-year clock runs from 1 Feb 2022. If the information is filed in court on 30 Jan 2032, the case is timely.

D. When the victim is a minor

There are two layers to know:

D1. General RPC rule (no special statute invoked)

The victim’s being a child does not, by itself, suspend prescription under the RPC.
However, Article 91’s discovery rule often matters in child cases: the period starts when the offense is discovered by the victim, a parent/guardian, or authorities/agents—whichever is earlier. For secret or coercive abuse, discovery may be years later than the act.

D2. Child-specific special laws (these often toll during minority)

Several child-protection statutes explicitly provide tolling when the victim is a minor, and many also lengthen the prescriptive period. The most commonly-invoked ones include:

R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination): – Sets its own prescriptive periods for violations under the Act; and – Tolls the running of prescription until the child reaches 18 (so the clock generally starts on the 18th birthday, unless the Act specifies otherwise).
R.A. 9775 (Anti-Child Pornography Act): – Prescribes a statutory period for filing; and – Tolls prescription during the victim’s minority, typically starting at 18.
R.A. 9208, as amended (Expanded Anti-Trafficking in Persons): – Provides long prescriptive periods; and – Includes victim-protective tolling where the victim is a child (formulations vary by amendment; the common pattern is that prescription does not run while the victim is below 18 and may also be affected by the offender’s absence/flight).
R.A. 11596 (Prohibition of Child Marriage): – Penalizes facilitation/solemnization of child marriage; – Provides a prescriptive period with tolling until the child reaches 18 (consistent with the Act’s protective design).

Practice tip: These statutes each specify (a) the number of years, and (b) exactly when the period starts (e.g., at majority, at discovery, or upon cessation of coercion). When handling a case, read the specific section of the specific statute invoked; its own wording controls and may be more generous than the RPC baseline.

Worked example (victim minor under a child-specific law)

A 15-year-old is sexually exploited in a way covered by R.A. 7610. Even if the parents only learn of it years later, the Act’s tolling means the prescription clock typically starts on the victim’s 18th birthday, then runs for the number of years the statute prescribes (subject to interruption upon filing in court).

E. Putting it together—computation checklist

Identify the offense & statute – RPC or special law? If special law, does it set its own prescriptive period?
Fix the baseline period – Use Art. 90/Act 3326 or the statute’s own number of years.
Determine the start date – RPC: date of discovery (by victim/guardian/authorities). – Special laws: follow the statute (often from age 18 for child victims).
Apply tolling for minority
- Offender minor: Suspend entirely until 18 (JJWA).
- Victim minor: If a child-specific statute applies, suspend until 18 (unless the statute says otherwise). If not, fall back to the discovery rule under Art. 91.
Account for interruption – Filed in court? The clock stops (and may restart if case ends without judgment on the merits). – For special laws, check if prosecutor-level filing counts (often no, unless the statute says so).
Watch for “continuing crimes” – For inherently continuous offenses (e.g., ongoing detention, continued exploitation), prescription usually runs from the last act/cessation.

F. Civil actions arising from the same facts

Damages (quasi-delict, Art. 1146): Usually four years from when the cause of action accrues (often discovery of the injury).
Tolling for minority: – Prescription is generally suspended if the minor has no legal representative, and does not run between parent and child while parental authority/guardianship exists. – Once a guardian/parent is able and willing to sue, time may start to run; jurisprudence applies the disability rules fact-specifically.
Contract/consent-based actions (e.g., annulment for incapacity): The four-year period typically runs from cessation of incapacity (i.e., upon reaching majority).

G. FAQs and edge cases

Does minority of the offender shorten or extend the prescriptive period itself? No. It suspends the running; the same number of years still applies, but only after the child turns 18.
If the victim is a child but the charge is under the RPC (not a child-specific law), is there tolling? There’s no automatic tolling just because the victim is a minor. You rely on Art. 91’s discovery rule (and any other applicable doctrines, like continuing crime).
What if the complaint was filed with the prosecutor within the period, but the information reached the court after? For RPC crimes, court filing interrupts under Art. 91; initiating with the prosecutor is part of the process leading to court filing. For special-law offenses governed by Act 3326, many rulings require court filing to interrupt unless the statute explicitly says otherwise—so be conservative.
Does suspension of sentence for a child affect prescription of the penalty? Suspension of sentence is about serving the penalty after conviction. Prescription of the penalty (RPC Arts. 92–93) concerns final judgments and evasion; it’s a different clock from prescription of the crime.

H. Practical pointers (prosecution & defense)

Always cite the right statute. If the facts fit R.A. 7610, R.A. 9775, anti-trafficking, or child marriage provisions, plead them—they often carry longer periods and explicit tolling for child victims.
Lock down dates. Record: date of act(s), date of discovery (by whom), victim’s birthdate, offender’s birthdate, and filing dates.
File in court early. To interrupt prescription unmistakably, aim to file the information (or the complaint where allowed) in court well before the deadline.
For civil claims, evaluate if the minor had a legal representative capable of suing; if not, argue suspension until majority or appointment of a guardian.

I. One-page summary

Offender is a minor: All criminal prescription is suspended while the offender is below 18 (JJWA). Clock starts (or resumes) at 18; same baseline number of years applies.
Victim is a minor: – RPC cases: No automatic tolling from minority alone; rely on discovery rule (Art. 91). – Child-specific laws (e.g., R.A. 7610, 9775, anti-trafficking, child marriage): These typically toll until 18 and often provide longer periods.
Interruption: Filing in court interrupts; if the case ends without a merits judgment, the clock runs again.
Civil claims: Minority can suspend prescription (especially when the child has no legal representative) and does not run between parent–child/guardian–ward during authority/guardianship.

If you want, tell me the offense, discovery date(s), and the birthdates involved, and I’ll run the exact computation for you step-by-step.