Below is a general discussion of the prescription of criminal cases for shoplifting in the Philippines. This discussion is for informational purposes only and does not constitute legal advice. For any specific situation, it is best to consult a qualified attorney.

1. Overview: Shoplifting as “Theft” Under Philippine Law

In the Philippines, “shoplifting” is not defined as a separate offense under the Revised Penal Code (RPC). Instead, it is generally prosecuted as Theft under Article 308 and penalized in accordance with Article 309 of the RPC, as amended—most recently by Republic Act (R.A.) No. 10951, which adjusted the values and corresponding penalties for property crimes.

Because shoplifting is treated as theft, the law on prescription that applies is the same as for the crime of theft. “Prescription,” in criminal law, refers to the lapse of a specific period of time after the commission (or discovery) of an offense, after which the State can no longer prosecute the offender.

2. General Rules on Prescription of Crimes

2.1. Statutory Basis

The relevant provisions on prescription of crimes in Philippine law are found under Articles 90 to 95 of the Revised Penal Code. These articles specify how long the State has to initiate criminal proceedings (i.e., file the case in court) depending on the penalty attached to the offense.

2.2. Periods of Prescription

Under Article 90 of the RPC, as amended, crimes prescribe within the following periods:

20 years – Crimes punishable by:
- Death (no longer imposed under current law)
- Reclusion perpetua
- Reclusion temporal (12 years and 1 day to 20 years)
15 years – Crimes punishable by other afflictive penalties (e.g., prisión mayor, which ranges from 6 years and 1 day to 12 years).
10 years – Crimes punishable by correctional penalties (e.g., prisión correccional, which ranges from 6 months and 1 day to 6 years).
5 years – Crimes punishable by arresto mayor (1 month and 1 day to 6 months).
1 year – Crimes punishable by arresto menor (1 day to 30 days) or for libel and other similar offenses.
6 months – Oral defamation and slander by deed (in certain circumstances).
2 months – Light offenses, unless otherwise provided.

3. Shoplifting (Theft) Penalties Under R.A. No. 10951

R.A. No. 10951 updated the values for property crimes, including theft, to account for inflation and socioeconomic changes. Article 309 of the RPC (as amended) provides different penalties for theft depending on the value of the stolen item(s).

Below is a simplified breakdown of the penalty ranges for theft (including shoplifting):

Value not exceeding $5,000 pesos
Penalty: Arresto mayor (1 month and 1 day to 6 months)
Prescription: 5 years
Value more than $5,000 but not more than $20,000 pesos
Penalty: Prisión correccional in its medium period (2 years 4 months and 1 day to 4 years and 2 months)
Prescription: 10 years
Value more than $20,000 but not more than $600,000 pesos
Penalty: Prisión correccional in its maximum period (4 years 2 months and 1 day to 6 years)
Prescription: 10 years
Value more than $600,000 but not more than $1,200,000 pesos
Penalty: Prisión mayor in its minimum period (6 years and 1 day to 8 years)
Prescription: 15 years
Value more than $1,200,000 but not more than $2,190,000 pesos
Penalty: Prisión mayor in its medium period (8 years and 1 day to 10 years)
Prescription: 15 years
Value more than $2,190,000 but not more than $8,750,000 pesos
Penalty: Prisión mayor in its maximum period (10 years and 1 day to 12 years)
Prescription: 15 years
Value more than $8,750,000 pesos
Penalty: Reclusión temporal (12 years and 1 day to 20 years)
Prescription: 20 years

Note: The symbol “$” above is often used in place of “₱” in casual discussions, but the amounts refer to Philippine pesos.

In everyday “shoplifting” scenarios (small-value goods), the value stolen is often below ₱5,000. In such cases, the penalty can be arresto mayor, which prescribes in 5 years.

4. When the Prescriptive Period Starts to Run

4.1. General Commencement

Under Article 91 of the RPC, prescription starts to run:

From the day on which the crime is discovered by the offended party, the authorities, or their agents.
If the offender is unknown, the prescriptive period commences from the day the authorities should have known the identity of the offender by exercising reasonable diligence.

4.2. Interruption of Prescription

Prescription is interrupted when:

A complaint or information is filed against the offender in the appropriate court (i.e., the criminal case is properly instituted).
The offender is absent from the Philippines (the period continues to run only upon the offender’s return).

Once interrupted, the prescriptive period starts running anew if the case is dismissed or the proceedings are terminated without the accused being convicted or acquitted on the merits.

5. Practical Considerations in Shoplifting Cases

Value Assessment: The penalty (and consequently the prescriptive period) depends directly on the total value of the property taken. For shoplifting, this typically involves the retail price of the goods.
Time of Discovery: The critical question is often when store personnel, security, or law enforcement discovered that the items had been taken—and if they identified the alleged offender. This discovery date typically triggers the start of the prescriptive period.
Filing of Complaint: A complaint must be filed within the applicable prescriptive period for the case to prosper. If the case is not initiated (filed in court) before the period lapses, the accused can no longer be prosecuted for that act of shoplifting.
Impact of Case Dismissal: If a criminal case is filed but later dismissed without a final judgment on the merits, the prescriptive period may begin to run again. A new case must be filed (if possible and allowed) before the prescriptive period expires a second time.
Multiple Shoplifting Incidents: Each act of shoplifting is treated separately for prescription purposes unless they can be lawfully consolidated under certain exceptions (e.g., a “series of thefts” might be argued as a continuing offense in some contexts, but generally each incident is considered individually).

6. Summary

Shoplifting is typically charged as Theft under Articles 308 and 309 of the Revised Penal Code.
Penalties depend on the value of the items stolen, as amended by R.A. No. 10951.
Prescription periods (5, 10, 15, or 20 years) track the prescribed penalty, ranging from arresto mayor (lowest) to reclusión temporal (highest).
The prescriptive period begins when the offense is discovered, provided the offender is or can be identified.
Filing a criminal case interrupts prescription; if the case is dismissed without final judgment, the clock can start again.

Given that most shoplifting cases involve relatively low-value items, the typical penalty may be arresto mayor or prisión correccional in its lower range, meaning the criminal action usually prescribes in 5 or 10 years. However, higher-value theft or repeat incidents can attract more serious penalties and correspondingly longer prescriptive periods.

Important Note

This discussion is a simplified overview of the law concerning the prescription of shoplifting (theft) cases in the Philippines. Specific factual variations can affect how prescription rules apply. For personalized guidance or representation, always consult a Philippine-licensed attorney.