1) The offense in context: what “Acts of Lasciviousness” is under the RPC

Acts of Lasciviousness is punished under Article 336 of the Revised Penal Code (RPC). In plain terms, it penalizes lewd or indecent acts (short of rape) committed without consent and under circumstances akin to those that would make rape unlawful (e.g., by force or intimidation, when the victim is deprived of reason or otherwise unable to consent, or when the victim is under the statutory age scenario referenced by the rape provisions).

Typical distinguishing features

No sexual penetration (otherwise the act may fall under rape or rape by sexual assault, depending on the facts).
The act is lewd/lascivious, meaning it is motivated by sexual desire and is offensive to decency.
It is committed under coercive/abusive circumstances contemplated by the rape framework.

Penalty (why it matters for prescription)

Article 336 generally imposes prisión correccional in its medium and maximum periods (a maximum of up to 6 years). This classification drives the prescription period under the RPC.

2) Prescription as an extinction of criminal liability (RPC framework)

Under the RPC, criminal liability may be extinguished by several causes, including prescription of the crime and prescription of the penalty (among others). Prescription is essentially the rule that the State’s power to prosecute (or enforce a penalty after conviction) expires after a legally defined period, subject to specific rules on when the period starts, pauses, or is interrupted.

Two distinct concepts matter:

Prescription of the crime (prescription of the criminal action) This answers: How long does the State have to file a case?
Prescription of the penalty This answers: After conviction becomes final, how long does the State have to enforce the sentence if the convict evades it?

This article focuses on the prescription of the crime, but includes the penalty side for completeness.

3) The prescriptive period for Acts of Lasciviousness (Article 336)

3.1 General rule under Article 90 (RPC)

The RPC sets prescription periods mainly by looking at the penalty attached by law to the offense. For crimes punishable by correctional penalties, the prescriptive period is 10 years.

3.2 Applying the rule to Article 336

Because Acts of Lasciviousness is punished by prisión correccional (medium to maximum), it is a crime punishable by a correctional penalty.

Result (standard rule): ✅ Acts of Lasciviousness under Article 336 generally prescribes in 10 years.

Important: The “10 years” refers to the time to commence the criminal action (i.e., file the complaint/information in a way that interrupts prescription), subject to the computation rules below.

4) When does the prescriptive period start running? (Article 91, RPC)

4.1 “From the day the crime is discovered”

The RPC provides that prescription begins to run from the day the crime is discovered by:

the offended party,
the authorities, or
their agents.

In many sexual misconduct cases, “discovery” is practically the day it happened because the victim is immediately aware. But legally, “discovery” becomes crucial when:

the act was concealed,
the victim was very young and could not understand what happened,
the victim was unconscious/intoxicated, or
threats and control delayed disclosure to authorities.

4.2 Absence from the Philippines pauses running

Article 91 also provides that prescription does not run when the offender is absent from the Philippines. In practice, this can significantly extend the window to prosecute if the suspect left the country for substantial periods.

5) What interrupts prescription? (also Article 91, RPC)

5.1 Filing a complaint or information interrupts the clock

Prescription is interrupted by the filing of:

a complaint, or
an information.

In Philippine practice, this typically means filing the proper criminal complaint for preliminary investigation (or direct filing in appropriate cases) that initiates prosecutorial action—followed by the filing of the information in court when warranted.

A widely applied doctrine in Philippine criminal procedure is that filing the complaint with the prosecutor for preliminary investigation interrupts prescription, aligning the practical workflow with the legal rule.

5.2 What if the case is dismissed?

The RPC provides that prescription starts running again when proceedings:

terminate without conviction or acquittal, or
are unjustifiably stopped for any reason not attributable to the accused.

This matters in scenarios like:

dismissal due to lack of jurisdiction,
dismissal due to defective pleadings,
provisional dismissals, or
extended inactivity that the law treats as an unjustified stoppage.

Because the effect of dismissals and stoppages can be fact-sensitive, prescription issues are often litigated through motions to dismiss or motions to quash.

6) Acts of Lasciviousness is a “private crime” (and why that affects prescription)

Under Article 344 of the RPC, Acts of Lasciviousness is traditionally categorized among private crimes—meaning prosecution generally requires a complaint filed by the offended party or certain relatives/guardians in the situations specified by law.

Why this matters

If a case is initiated without the required complaint by the proper person, it may be attacked as defective.
A defective initiation can create a prescription risk, especially if the defect is discovered only after many years have passed.

Practical takeaway

For prescription analysis in Article 336 cases, one of the first questions is:

Was a legally sufficient complaint filed by a legally authorized complainant, and when?

7) Computing prescription in real life: a timeline method

To evaluate whether the offense has prescribed, practitioners typically do this:

Identify the applicable prescriptive period For Article 336 (standard/consummated): 10 years.
Determine the start date Usually the date of discovery (often the date of commission).
Subtract periods when prescription did not run Example: time the offender was outside the Philippines.
Check if and when prescription was interrupted By filing a proper complaint or information.
If proceedings ended without conviction/acquittal, determine when prescription resumed and how much time remained.

Example (simplified illustration)

Offense committed/discovered: January 1, 2015
Complaint filed with prosecutor: December 1, 2022
Time elapsed before interruption: 7 years and 11 months
Prescription period: 10 years
Result: still within time (with ~2 years and 1 month left), assuming no other issues.

If the complaint was filed only on February 1, 2025, that would be 10 years and 1 month after discovery—time-barred, unless there’s a legally recognized basis to start later or to exclude time (e.g., offender’s absence).

8) High-impact issues specific to sexual offenses and Article 336 prescription

8.1 The “discovery” concept when the victim is a child

In cases involving child victims, arguments often arise on whether “discovery” should be treated as:

the date the act occurred, or
a later date when the abuse was meaningfully revealed to authorities or guardians.

Philippine courts analyze “discovery” based on the evidence and circumstances, and outcomes can vary depending on:

the child’s age,
whether the act was kept secret through threats,
when adults/authorities learned of it, and
whether the legal system considers the offense “discovered” earlier.

8.2 Overlap with special laws (do not assume Article 336 always applies)

Many fact patterns that look like “lascivious acts” are prosecuted under special laws instead of, or in addition to, Article 336—especially when the victim is a child or when the act occurs through modern platforms. Examples include:

Child abuse/sexual abuse provisions under special child-protection statutes (often used when the victim is a minor),
Anti-trafficking-related sexual exploitation offenses,
Gender-based sexual harassment or related statutes in certain settings.

Why this matters for prescription: Special laws often have different prescriptive periods (frequently governed by Act No. 3326 if the special law is silent), and some have their own explicit rules. A correct prescription analysis begins with charging the correct statute.

8.3 Multiple incidents: each act is usually a separate crime

If the accused committed lascivious acts on different dates, prosecutors often treat them as separate counts, each with its own prescriptive period. The oldest incident may be time-barred while later incidents remain prosecutable, depending on dates and interruptions.

8.4 Attempted or frustrated acts can affect the prescriptive period

Prescription is anchored to the penalty prescribed by law for the offense charged. If the charge is attempted or frustrated, the penalty is lowered under general RPC principles, and the prescriptive period may change accordingly (because the crime may no longer be “punishable by a correctional penalty” depending on the final penalty attached to the stage charged).

9) Prescription of the penalty (after conviction): the often-overlooked second clock

If there is a final conviction for Acts of Lasciviousness and the convict evades service of sentence, the State’s ability to enforce the penalty can also prescribe under Articles 92–93 of the RPC.

Because the penalty for Article 336 is correctional, the prescription of the penalty is generally 10 years, computed from the date the convict evades service or from the date the sentence becomes enforceable, subject to the RPC’s computation rules.

This is separate from, and does not replace, the earlier rule on prescription of the crime.

10) Interaction with other ways the case can end (not “prescription,” but often confused with it)

Acts of Lasciviousness (as a private crime category) has neighboring doctrines that sometimes end the case even if it has not prescribed:

Express pardon by the offended party in the manner contemplated by law (fact-specific and not automatic).
Marriage between offender and offended party in certain crimes against chastity historically had extinguishing effects, depending on the offense and the applicable legal framework at the time.

These doctrines are distinct from prescription but are commonly raised in motions or defenses.

11) Practical litigation points in prescription disputes (Philippine courtroom reality)

11.1 Prescription is often raised via a motion to dismiss/quash

If the information (or the record) shows dates indicating prescription, the defense may raise it early. If the issue requires evidence (e.g., offender’s absence, discovery date, interruption date), the court may require a factual hearing or resolve it during trial.

11.2 Documentation that commonly determines outcomes

Date(s) of alleged act(s)
Date(s) of disclosure/reporting
Date complaint-affidavit was filed with the prosecutor or court
Dates of dismissal/refiling (if any)
Proof of offender’s absence from the Philippines (immigration records, travel evidence)
Proof of concealment/threats that affect “discovery” arguments

12) Core takeaways (Article 336, Revised Penal Code)

Standard prescriptive period: 10 years for Acts of Lasciviousness (Art. 336), because it is punishable by a correctional penalty.
Start of counting: generally from discovery (often the date of commission), but “discovery” can be contested in concealed/child-victim scenarios.
Interruption: filing a proper complaint or information interrupts prescription; if proceedings end without conviction/acquittal, the clock may run again.
Offender’s absence from the Philippines: prescription does not run during absence.
Private crime dynamics: proper initiation by the legally authorized complainant matters and can affect prescription risks.
Charge selection matters: similar conduct may fall under special laws with different prescriptive periods.