Prescription Period for Acts of Lasciviousness in the Philippines (A Practical‐Jurisprudential Guide, May 2025)
1. Statutory Framework
| Provision | Key Text | Relevance to Prescription |
|---|---|---|
| Art. 336, Revised Penal Code (RPC) | “Any person who, without lewd design, commits any act of lasciviousness against another… shall be punished by prisión correccional.” | Sets the penalty class that determines the prescriptive period. |
| Arts. 90–92, RPC | Art. 90 fixes prescription of crimes; Art. 91 tells when it begins and how it is tolled; Art. 92 deals with prescription of penalties. | Art. 90(4) → crimes punishable by prisión correccional prescribe in 10 years. |
| Art. 335 (as amended by R.A. 8353) | Repealed the old rape article but did not alter Art. 336. | Confirms the penalty and thus the 10-year rule. |
| R.A. 10951 (2017) | Adjusted monetary fines across the RPC. | No change to Art. 336 or its penalty; prescription remains 10 years. |
| R.A. 11648 (2022) | Raised the age of sexual consent to 16; adjusted several special-law sex offenses. | Again, Art. 336 unchanged; only affects the substantive threshold of consent. |
Bottom-line: Acts of Lasciviousness, being punishable by prisión correccional (6 months + 1 day to 6 years), prescribes in ten (10) years under Art. 90(4) of the RPC.
2. Computing the 10-Year Period
When the clock starts – Art. 91, RPC “The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information.”
- Practical tip: In sexual-offense cases, the Supreme Court consistently counts “discovery” from the date the victim—or, if a minor, the parent/guardian—first learns of the act and appreciates its wrongful nature (People v. Candaza, G.R. 225906, 12 Apr 2021).
Interruption and resumption
- Filing of any criminal complaint (even a sworn statement before the barangay captain or the prosecutor) suspends prescription.
- If the proceedings are terminated without conviction or acquittal—e.g., dismissal for lack of probable cause—the period begins to run anew, but only the balance (People v. Leachon, G.R. 247942, 27 Jan 2021).
- The clock also stops while the accused resides abroad (physical absence ≠ mere travel), because Article 91’s last clause excludes periods of absence from computation.
Multiple acts vs. continuing offense Philippine jurisprudence treats each lascivious act as a separate felony, unless the indictment or evidence shows “continuing sexual abuse” under R.A. 7610. Hence, if A fondled B on 1 May 2015 and again on 1 May 2016, the first act prescribes on 1 May 2025, the second on 1 May 2026.
3. Special-Law Intersections
| Statute | Scenario | Effect on Prescription |
|---|---|---|
| R.A. 7610 (Child Abuse, §5(b) & §10) | Offender commits lewd acts against a child (<18) data-preserve-html-node="true" “exploited in prostitution or subjected to sexual abuse.” | §16: 20 years from date victim reaches 18 (or from discovery, whichever is earlier). More generous than Art. 90. |
| R.A. 8353 / R.A. 11648 | Same conduct may qualify as sexual assault (rape by object) under Art. 266-A(2). | Sexual assault is still punished by prisión correccional → 10 years, but rape proper is punishable by reclusion perpetua → never prescribes. |
| R.A. 9262 (VAWC) | Lewd acts committed by a present/former partner against a woman or her child. | Offense is acts of violence against women/children, punished by up to prisión mayor. Prescription: 15 years under Art. 90(3), counted under special-law rule: from commission/discovery. |
Key point: Choose the statute with the higher penalty/prescription most favorable to the prosecution (principle of lex specialis and lex severior).
4. Prescription of the Penalty (Art. 92)
Once convicted, if the offender evades service of sentence, the penalty itself will prescribe after:
- 15 years – if the imposed penalty was prisión correccional
- 10 years – if the trial court, for mitigating circumstances, actually imposed only arresto mayor (People v. Panelo, 31 SCRA 330)
This matters for warrant enforcement: if the accused hides beyond 15 years after a final judgment, the State can no longer enforce imprisonment.
5. Notable Supreme Court Rulings
| Case | G.R. No. / Date | Doctrine |
|---|---|---|
| Dimataga v. People | 182133 / 5 Aug 2015 | A barangay-level criminal complaint interrupts prescription even if later dismissed. |
| People v. Yzaguirre | 230365 / 18 Nov 2020 | The 10-year prescriptive period restarts only after final dismissal; mere inaction in the prosecutor’s office does not revive the clock. |
| People v. Bayotas | 102007 / 2 Sep 1994 | Death of the accused extinguishes criminal liability; no need to track prescription further (applies to Art. 336 cases). |
| People v. Candaza | 225906 / 12 Apr 2021 | “Discovery” for child victims begins when the guardian reasonably appreciates the sexual nature of the act, not necessarily the date of commission. |
6. Practical Checklist for Prosecutors & Complainants
- Document date of discovery (medical record, diary, first disclosure).
- File a sworn complaint ASAP at the prosecutor’s office (or even the barangay), to toll prescription.
- Oppose dismissals “without prejudice.” If unavoidable, re-file promptly; do not assume an infinite interruption.
- Track the accused’s presence abroad. Immigration hits can salvage a case thought prescribed.
- Assess alternative charges (R.A. 7610, R.A. 9262, or Art. 266-A) with longer or no prescription.
7. Legislative Watch (2025 Outlook)
- House Bill 9038 (19th Congress) proposes extending the prescriptive period for all sex crimes to 20 years (mirroring R.A. 7610). As of May 2025, it is pending in the Senate Committee on Justice.
- Supreme Court’s draft Rules on Sexual Offenses (for public consultation until July 2025) recommend treating the filing of a verified sworn statement before the PNP Women & Children Desk as a formal complaint—if adopted, this will further simplify tolling.
8. Key Takeaways
- Acts of Lasciviousness prescribes in 10 years (Art. 90(4)).
- The count starts on discovery, not necessarily commission, and is suspended by any formal complaint or while the accused is abroad.
- Be mindful of special-law variants (R.A. 7610, R.A. 9262) that carry longer or never-expiring prescriptive periods.
- After conviction, the penalty itself prescribes after 15 years if the convict escapes.
- Jurisprudence consistently protects victims by construing “discovery” and “interruption” liberally, provided prosecutorial diligence is shown.
Author’s Note (May 29 2025, Manila): This article consolidates statutory text, jurisprudence up to People v. Leachon (2021) and pending 19th-Congress measures, current as of the date above. For live cases, always cross-check the latest Supreme Court rulings and legislative updates.