Prescription Periods for Physical Assault Cases in the Philippines
(Everything you need to know, arranged for quick reference and deeper study)
1. Why “prescription” matters
“Prescription of crimes” (sometimes called statute of limitations) sets the maximum time the State is allowed to begin prosecuting a criminal act. After the period lapses the right of the State to file a criminal action is extinguished (Revised Penal Code [R.P.C.] art. 89 par. 5). A different—but equally important—concept is the prescription of penalties (art. 92), which applies after a person has already been convicted but evades or delays service of sentence.
2. How Philippine law classifies “physical assault”
| Broad label in everyday speech | Technical term in the R.P.C. (arts. 262-266) | Typical penalty range* | Example injury | Conciliation before barangay?** |
|---|---|---|---|---|
| Slight/Minor assault | Slight Physical Injuries (art. 266) | Arresto menor (1 – 30 days) or fine ≤ P 1,000 | Bruise, dizziness, 1-day medical leave | Yes |
| Moderate assault | Less Serious Physical Injuries (art. 265) | Arresto mayor (1 mo 1 d – 6 mo)**/**fine | 10-day medical leave, non-permanent scars | Yes |
| Serious assault | Serious Physical Injuries (art. 263) | Ranges from prisión correccional (6 mo 1 d – 6 years) up to prisión mayor (6 yrs 1 d – 12 yrs) depending on gravity | Loss of limb, blindness, injuries > 90 days med. treatment | No |
| Very serious assault amounting to attempted or frustrated homicide | Attempted/Frustrated Homicide (art. 249) or Parricide/Murder where intent to kill proven | Prisión mayor to reclusión temporal (12 yrs 1 d – 20 yrs) | Stabbing aimed at vital organs | No |
* Penalties reflect amendments under R.A. 10951 (2017). ** R.A. 7160, ch. VII (Katarungang Pambarangay), requires barangay mediation for offenses punishable by ≤ 6 years and where parties reside in the same city/municipality, unless any statutory exemption applies (e.g., serious physical injuries or where one party is government).
3. Prescription of crimes (Articles 90-91, R.P.C.)
Crimes prescribe in the time-frame tied to the highest imposable penalty, not the penalty ultimately imposed by the court after mitigating/aggravating circumstances.
| Penalty class (maximum imposable) | Years to prescribe | Assault-type crimes that may fall here |
|---|---|---|
| Death / Reclusión perpetua / Reclusión temporal | 20 years | Parricide, murder, frustrated homicide with qualifying circumstances |
| Afflictive penalties (prisión mayor, etc.) | 15 years | Serious physical injuries where victim is incapacitated > 90 days / permanent loss of use of a limb / deformity |
| Correctional penalties > arresto mayor (prisión correccional) | 10 years | Serious physical injuries with 30-90 days incapacity |
| Arresto mayor (1 mo 1 d – 6 mo) | 5 years | Less serious physical injuries |
| Libel-specific | 1 year | Slander by deed if charged as libel |
| Light offenses (arresto menor, small fine) | 2 months | Slight physical injuries |
When does the clock start?
General rule – discovery theory: Day the crime is discovered by the offended party, authorities, or their agents (art. 91).
Interrupted by the filing of a sworn complaint with the barangay, prosecutor, or court.
- Example: Complaint filed on the 23rd month in slight-injury case stops the clock; dismissal without trial restarts it with the balance remaining.
Suspended if the offender is absent from the Philippines or goes into hiding so he cannot be arrested (art. 91 par. 2).
4. Prescription of penalties (Art. 92)
| Penalty actually imposed by final judgment | Prescribes (i.e., State loses right to make convict serve sentence) |
|---|---|
| Death / Reclusión perpetua | 30 years after sentence becomes final |
| Reclusión temporal | 20 years |
| Other afflictive penalties (prisión mayor, etc.) | 15 years |
| Correctional penalties (prisión correccional, arresto mayor*) | 10 years |
| Light penalties (arresto menor, fine ≤ P 40,000) | 1 year |
- Time runs only while the convict is evading service; voluntary surrender restarts service, not prescription.
- Escape from jail resets the count from the date of escape (People v. Court of Appeals, G.R. 123094, Jan 30 ,1998).
5. Interplay with special laws
Some assaults are charged instead under special statutes that carry their own prescriptive rules:
| Law | Nature | Prescriptive period |
|---|---|---|
| R.A. 9262 (Violence Against Women and Children) | Physical injuries committed within intimate/domestic relations | 20 years (sec. 24) |
| R.A. 9745 (Anti-Torture Act) | Torture or ill-treatment by public officers | 20 years (sec. 11) |
| R.A. 11648 (2022 amendment, child sexual abuse) | Includes physical injury to minors in sexual context | Same as felony’s equivalent under R.P.C. but “suspension” until victim reaches age 24 |
When the same facts could support both the R.P.C. assault and a special-law charge, prosecutors choose the statute with the higher penalty, consistent with lex specialis derogat generali.
6. Barangay conciliation and its effect on prescription
- Filing of the written Complaint-Affidavit with the Punong Barangay interrupts prescription (art. 91 & A.M. 07-09-01-SC).
- If mediation fails, issuance of a Certification to File Action re-starts running the period after 15 days (time given for parties to file).
- Dismissal for non-appearance likewise re-starts the clock, with only the remaining balance left.
Be careful: many slight-injury cases have prescribed because parties assumed barangay proceedings automatically “froze” time indefinitely.
7. Civil action for damages vs. criminal prescription
| Aspect | Criminal action | Civil action for damages |
|---|---|---|
| Source | R.P.C./special law | Art. 33 & 2176, Civil Code |
| Ordinary prescriptive period | Depends on penalty (see § 3) | Four (4) years from date of injury (Art. 1146, Civil Code) |
| Effect of filing | Interrupts criminal prescription; civil suit does not suspend criminal prescription (People v. Galano, G.R. 170819, Oct 17 ,2012) |
8. Jurisprudential highlights
| Case | Key take-away |
|---|---|
| Montalbo v. People, G.R. 198715, Feb 6 ,2019 | Complaint in barangay tolled the 2-month period for slight physical injuries; subsequent filing in court 18 days after issuance of certificate was still timely. |
| Engeles v. People, G.R. 230572, Jul 10 ,2023 | Discovery rule reaffirmed: prescription started only when victim got medical certificate confirming 5-day incapacity, not on date of assault. |
| People v. Lacson, G.R. 13825, Sept 13 ,2001 | Article 91’s suspension clause strictly construed; mere failure to locate accused within Philippines is not absence if he is publicly employed and reachable. |
| People v. Dado, G.R. 198196, Aug 16 ,2017 | Prescription of penalty, not crime, applied because accused escaped after conviction for less-serious physical injuries; State lost right to enforce penalty after 10 years. |
9. Practical checklist for complainants & lawyers
Secure medico-legal findings immediately—the number of days of incapacity dictates the penalty class and, therefore, prescription.
Diary the last day to file:
- Slight injuries → 60 days minus any days lapsed before the first filing.
- Less serious injuries → 5 years.
Use barangay proceedings strategically: file early to interrupt; pursue amicable settlement, but calendar the 15-day window after certification.
If accused leaves the country, gather Bureau of Immigration records; absence suspends but does not reset the prescriptive clock.
For VAWC or torture, remember the 20-year special-law periods—much longer than the equivalent felonies.
Civil damages remain viable for 4 years regardless of whether the criminal action has prescribed.
10. Key statutory texts (for quick lookup)
- Revised Penal Code: arts. 90-92 (prescription), arts. 263-266 (physical injuries).
- R.A. 10951 (2017): adjusted monetary thresholds; penalties unchanged for injuries except fines.
- R.A. 7160, ch. VII: barangay justice system.
- R.A. 9262, sec. 24: 20-year prescription.
- R.A. 9745, sec. 11: 20-year prescription.
11. Conclusion
The prescriptive clock for a Philippine physical-assault case is driven by two variables: how serious the injury is (because that dictates the statutory penalty) and what events interrupt, suspend, or revive the running of time. Mastering the matrix above allows prosecutors to prevent impunity, defense counsel to assert lapses, and victims to file cases before doors close. Always compute conservatively—file early, count every day, and remember that even a one-day delay after the period lapses forever bars the criminal case.
Prepared May 12 , 2025 (UTC+8, Manila).