Prescription Period for Malicious Mischief under Philippine Law

Malicious mischief is the deliberate damaging of property belonging to another. It is punished under the Revised Penal Code (RPC) and its several variants (simple/qualified; special situations). When you can still validly file a criminal case—or when the State’s right to prosecute has prescribed—depends on the penalty attached to the specific charge filed, not merely on the label “malicious mischief.” Below is a complete, practitioner-oriented guide to criminal prescription for malicious mischief, plus closely related issues (interruption, running of time, civil claims, and prescription of penalty).

I. What is “malicious mischief”?

Core definition (RPC): Maliciously causing damage to the property of another.
Charging choices matter: The exact article/paragraph and alleged amount of damage, as well as qualifying circumstances (e.g., damage to public utilities, national cultural treasures, public buildings, crops/forests, etc.), determine the penalty range—and thus the prescriptive period.
Amounts after monetary updates: Thresholds and corresponding penalties were recalibrated by later amendments (e.g., statute adjusting amounts across property crimes). Always check the information/charge sheet to see what penalty the prosecution pegs to the alleged amount and qualifiers.

Key takeaway: Prescription is pegged to the penalty of the specific mischief charge (as alleged), not to a one-size-fits-all period.

II. Criminal prescription: the governing rules

A. How long before the crime prescribes (Article 90, RPC)

The State’s right to prosecute prescribes after the following periods from discovery (see §III):

If the charged offense is punishable by…	Criminal case prescribes in…
Death, reclusion perpetua, or reclusion temporal	20 years
Other afflictive penalties (e.g., prisión mayor)	15 years
Correctional penalties (e.g., prisión correccional)	10 years
Arresto mayor (1 month and 1 day to 6 months)	5 years
Light offenses (e.g., arresto menor or fine within light-offense limits)	2 months
Libel (special RPC rule)	1 year

Most malicious mischief configurations fall under correctional or arresto mayor ranges (hence 10 years or 5 years), and minor damage variants can be light offenses (2 months). Qualified mischief may reach higher correctional or even afflictive ranges (hence 10 or 15 years).

B. When the clock starts and how it is interrupted (Article 91, RPC)

Start: From the day the crime is discovered by the offended party, the authorities, or their agents (whichever first).
Interruptions:
1. Filing of the criminal complaint or information with the prosecutor (for investigation) or the court (for trial) interrupts prescription.
2. If the case is dismissed without trial on the merits (or the accused’s consent), prescription may run anew.
3. Absence of the accused from the Philippines does not suspend the prescription of the crime (that rule concerns service of penalty, §V).

Important: Barangay conciliation or a mere demand letter does not interrupt criminal prescription. To toll the period, lodging the complaint with the prosecutor or the court is the safe, operative act.

III. Mapping malicious mischief to prescription: a practical workflow

Identify the exact charge (simple vs. qualified; any special paragraph).
Pin down the penalty bracket as charged (based on alleged amount of damage and qualifiers).
Apply Article 90 using that penalty class.
Compute the start from discovery (§II-B).
Check for interruptions (date of filing with the prosecutor or court).
Result: If the elapsed time exceeds the applicable period without valid interruption, the offense has prescribed and prosecution is barred.

Illustrative applications

Small-damage mischief charged as a light offense → 2 months from discovery, unless interrupted.
Mischief penalized by arresto mayor (e.g., moderate damage) → 5 years.
Qualified mischief with penalty in the correctional range → 10 years.
If an afflictive range were properly alleged (e.g., serious qualifiers) → 15 years.

Pro-tip (for both sides): The Information should allege the amount of damage and qualifying facts with particularity. A defective allegation can misclassify the penalty and thus the prescriptive period.

IV. Multiple acts, continuing offenses, and complex crimes

Each discrete damaging act is generally a separate offense, with its own prescriptive clock starting from discovery of that act.
A “continued” or “continuous” theory applies only if the acts are part of one intent and one resolution; otherwise, treat them individually.
If mischief is committed by means that constitute another offense (e.g., explosives), prosecutors may file separate or complexed charges; prescription follows the penalty of the offense actually charged.

V. Do not confuse the prescription of the crime with the prescription of the penalty

Prescription of the crime (Art. 90–91): bars prosecution if the State takes too long before filing.
Prescription of the penalty (Arts. 92–93): runs after final judgment if the convict evades service. Benchmarks (for context):
- Afflictive penalties prescribe in 20 years;
- Correctional in 10 years (except arresto mayor: 5 years);
- Light penalties in 1 year. The period runs from evasion commencement and is interrupted by arrest or by the convict’s acts that acknowledge the penalty.

For malicious mischief cases, penalty prescription becomes relevant only after conviction and evasion; it does not revive a time-barred case.

VI. Interplay with civil claims for damage to property

The civil action ex delicto (damages arising from the same act) is deemed instituted with the criminal case unless waived/reserved or a separate civil action is filed first.
If you file civil separately (e.g., for damages under the Civil Code), different prescriptive rules can apply:
- Quasi-delict (culpa aquiliana): 4 years from injury/knowledge;
- Contract: generally 10 years (written) or 6 years (oral/other), counted from breach;
- Property actions (e.g., recovery): governed by their own periods.
Barangay conciliation may interrupt civil prescription (depending on the statute governing barangay justice), but criminal prescription requires prosecutor/court filing to toll time (§II-B).

VII. Common prescription traps (and how to avoid them)

Late discovery vs. late reaction: The clock starts on discovery, not on the date you “felt ready” to complain. Document discovery (incident report, photos, witness notes).
Relying on barangay filing for the criminal case: It won’t toll criminal prescription. File with the prosecutor to interrupt.
Under-alleging the amount/qualifiers: Can downgrade the penalty class and shorten prescription; conversely, over-allegation without proof risks dismissal or amendment.
Silent dockets: If you filed with the prosecutor, you’ve interrupted prescription; but if a case is dismissed without trial, the clock may start anew—track dates.
Mislabeling the act: Some property-damage scenarios are punished more appropriately under other statutes (e.g., forestry, cultural properties, utilities). Wrong label = wrong penalty class = wrong prescriptive period.

VIII. Quick reference checklist (for prosecutors & private complainants)

Fix discovery date (earliest provable).
Choose the correct mischief article/paragraph; list qualifiers and amount of damage.
Compute the penalty class (light / arresto mayor / correctional / afflictive).
Apply Article 90 to get the prescriptive period.
File with the prosecutor before that period lapses (this interrupts prescription).
Preserve proof of filing and dates (receipts, dockets, stamps).
If dismissed pre-merits, reassess running time; refile promptly if warranted.

IX. Bottom line

For malicious mischief, criminal prescription is penalty-driven:

Light-offense variants → 2 months from discovery.
Arresto mayor range → 5 years.
Correctional range → 10 years.
Afflictive range (if applicable) → 15 years.
The clock starts on discovery and is interrupted only by filing with the prosecutor or court.
Do not conflate this with prescription of penalty (post-judgment), and treat civil claims under their own prescriptive rules.

When in doubt, file early and plead with specificity so the penalty class—and therefore the prescriptive period—is beyond dispute.