Prescriptive Period for Filing Criminal Cases After an Inspection
Philippine Legal Framework (2025)
1. What “Prescription” Means
Prescription of crimes (extinction of the State’s right to prosecute) is different from prescription of penalties (extinction of the State’s right to enforce a final judgment). This article deals exclusively with prescription of crimes—the time-bar for filing an Information with a trial court.
Rationale: To prevent prosecutions based on stale evidence and to prod the State to act with reasonable dispatch (see People v. Dizon, G.R. 140370, 3 Apr 2003).
2. Core Statutes
| Source | Key Provisions | Basic Rule |
|---|---|---|
| Revised Penal Code (RPC), Arts. 90-93 | Applies to all mala in se offenses. | Period depends on penalty prescribed (e.g., 20 yrs for reclusion temporal, 15 yrs for prisión mayor, 10 yrs for prisión correccional, 5 yrs for arresto mayor, 1 yr for arresto menor, etc.). |
| Act No. 3326 (1926) | Fills the gap for special laws & ordinances unless the special law fixes its own period. | - 5 yrs if max penalty ≤ 8 yrs |
- 10 yrs if max penalty > 8 yrs Running starts “from discovery and institution of judicial proceedings” (Sec. 2, emphasis supplied). | | Specific special laws | Many regulatory statutes discovered through inspection supply their own, usually shorter, period. | See § 5 below. |
Important: Whenever a regulatory inspection uncovers the violation, the “date of discovery” (not the date of commission) triggers the clock if Act 3326 or the special law so provides.
3. When Does the Period Start? (Commencement)
| Scenario | Trigger under RPC Art. 91 | Trigger under special laws |
|---|---|---|
| Overt, public offense (e.g., physical assault) | Date of commission | Same, unless the special law says otherwise |
| Violation detectable only by audit/inspection (tax, labor, environmental, pharmaceutical) | Still the date of commission unless concealed and unknowable, in which case jurisprudence applies the discovery rule by analogy | Most special laws & Act 3326 make date of discovery by competent authority the trigger |
Case Line: Domagas v. Ombudsman (G.R. 226225, 19 Jan 2022) – Safety inspector discovered falsified diesel emission logs; SC held prescription ran only from inspector’s discovery, not from the falsification two years earlier.
4. How Is the Period Computed & Tolled?
Civil Code Art. 13 governs computation: exclude the day of origin, include the last day; if last day is Sunday/holiday, extend to next working day.
Interruption/Tolling (RPC Art. 91; Act 3326 §3)
- Filing of a complaint with the prosecutor’s office, barangay, or a regulatory body with prosecutorial power (e.g., BIR, DOLE) suspends the period.
- Period does not run while the accused is absent from the Philippines.
If the complaint is dismissed without trial, the clock resumes but only the time already spent counts (SC Adm. Circular No. 7-A-92).
An Information filed within the period but quashed for reasons not involving the merits suspends prescription; a refiling after the defect is cured is still timely.
5. Sector-Specific Rules After Inspections
| Sector & Statute | Who Inspects / Typical Violation | Prescriptive Period | Notes / Cases |
|---|---|---|---|
| Tax – NIRC 1997, §281 | BIR examiners (audit of books) | 5 yrs from commission or discovery, whichever is later | Enriquez v. People, G.R. 174082, 16 Jan 2013 – discovery doctrine applied |
| Labor Standards – Labor Code, Arts. 303-306 (renum.) | DOLE Labor Inspectors | 3 yrs for unlawful acts; 5 yrs under Act 3326 if penalty > 8 yrs | Single act may give rise to both money claim (3 yrs) and criminal action (3 or 5 yrs) |
| Environmental – Clean Water Act (RA 9275 §28 k), Clean Air Act (RA 8749 §46), Solid Waste (RA 9003 §49) | DENR EMB, LGU sanitary inspectors | 5 yrs from discovery by DENR/EMB | DENR v. Finch-Bay, CA-GR SP 133579, 10 Dec 2019 |
| Food, Drugs & Cosmetics – FDA Act (RA 9711, amending RA 3720 §31) | FDA inspectors | 3 yrs from discovery | Confiscation and condemnation actions are separate & imprescriptible |
| Customs & Anti-Smuggling – CMTA (RA 10863), Anti-Agri-Smuggling Act (RA 10845) | BOC examiners, Coast Guard | 5 yrs from discovery | For large-scale agri-smuggling (RA 10845) – 12 yrs if Penalty = reclusion temporal |
| Intellectual Property – IP Code (RA 8293 §216.5) | IPOPHL enforcement officers | 3 yrs from last act of infringement | Tolling occurs when Enforcement Bureau serves notice of compliance order |
| Building & Fire Safety – National Building Code (PD 1096), Fire Code (RA 9514) | LGU building officials, BFP | Follows Act 3326 (5-10 yrs) | Fire Code violations discovered by inspection often prosecuted under RPC Art. 365 (negligence) – counts from date of fire |
6. Raising Prescription as a Defense
- When: At any time before judgment (Rule 117 §3 [i]).
- How: Motion to quash or demurrer citing the statute of limitations and showing the span between trigger date and filing date.
- Affidavits or inspection reports showing earlier discovery dates can defeat the defense.
7. Practical Guide for Regulators and Prosecutors
- Date-stamp everything. Inspection orders, notices of violation, audit findings, and laboratory reports must bear clear dates to mark “discovery.”
- File a complaint information ASAP. Even a skeletal complaint filed with the DOJ or city prosecutor interrupts prescription.
- Keep the accused within jurisdiction. If the respondent flees abroad, secure an Immigration Lookout Bulletin Order (ILBO) or hold-departure order to avoid suspension fights.
- Monitor special-law amendments. Many 1990-2000 era statutes have been updated to lengthen prescription (e.g., RA 11592 on LPG).
8. Practical Guide for the Accused
- Compute carefully. Count from the inspection date only if the statute so says. Otherwise, argue the earlier commission date.
- Assert immediately. Waiver does not technically apply, but judges frown on late invocation if it smacks of dilatory tactics.
- Gather travel records. Continuous presence in the Philippines bolsters a prescription defense when the State claims tolling due to absence.
9. Intersection with Prescription of Penalties
If conviction becomes final but the accused remains at large, a different clock (Art. 92 RPC) begins: 20 yrs (reclusion temporal), 15 yrs (prisión mayor), etc. Thus an offense may be timely prosecuted yet the penalty can later prescribe if the convict evades service long enough.
10. Conclusion
In inspection-driven offenses, timely discovery is the linchpin. Regulators must document it and file swiftly; accused persons should scrutinize the timeline for gaps. Understanding the interplay among the RPC, Act 3326, and special-law clauses on discovery prevents both rushed prosecutions and time-barred dismissals.
Mnemonic: “Inspect-Discover-File”. The prescriptive clock usually starts at Discover, is stopped by File, and ends in dismissal if the State snoozes beyond the statutory span.
Disclaimer: This article is for legal information only and does not constitute legal advice. Statutes and jurisprudence cited are current as of 26 June 2025.