In Philippine criminal law, the concept of prescription serves as a "statute of repose." It is the legal timeframe within which the State must commence a criminal action against an accused. Once this period expires, the State loses its right to prosecute, and the accused's criminal liability is extinguished.

For property-related crimes like Estafa and Qualified Theft, understanding these timelines is critical for both complainants seeking justice and defense counsel protecting the rights of the accused.

1. The Statutory Basis: Act No. 3326 vs. The Revised Penal Code

The prescriptive period for a crime depends on where the offense is defined and the penalty attached to it.

The Revised Penal Code (RPC): Since both Estafa (Art. 315) and Qualified Theft (Art. 310) are governed by the RPC, their prescriptive periods are determined by Article 90 of the same code.
The Schedule of Prescription:
Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years.
Crimes punishable by prision mayor: 15 years.
Crimes punishable by prision correccional or arresto mayor: 10 years.
Libel or similar: 1 year.
Oral defamation/Slander: 6 months.
Light offenses: 2 months.

2. Prescriptive Period for Estafa

Estafa is a crime of deceit or abuse of confidence. The prescriptive period is not uniform; it fluctuates based on the amount defrauded, which determines the penalty under the Republic Act No. 10951 (the law that adjusted property values and fines in the RPC).

Calculation of Time

High-Value Estafa: If the amount involved warrants a penalty of prision mayor (e.g., exceeding ₱4.4 million), the prescriptive period is 15 years.
Standard Estafa: If the penalty is prision correccional (standard for many mid-range amounts), the period is 10 years.
Estafa through Falsification: If Estafa is committed through the falsification of a public document (a complex crime), the prescriptive period is governed by the more serious offense.

3. Prescriptive Period for Qualified Theft

Qualified Theft is committed when theft is attended by circumstances such as abuse of confidence, grave abuse of trust, or when the property stolen is a motor vehicle, coconuts, or fish from a pond.

Under Article 310, Qualified Theft carries a penalty two degrees higher than that specified for simple theft. Because of this "stepped-up" penalty, Qualified Theft almost always falls into the highest brackets of prescription.

General Rule: In most instances, Qualified Theft involves penalties reaching reclusion temporal or reclusion perpetua. Consequently, the prescriptive period is usually 20 years.
Domestic Theft: Even if the value is relatively low, the "Qualified" nature of the crime often pushes the penalty into the prision mayor or reclusion temporal range, ensuring a 15 to 20-year window for filing.

4. When Does the Clock Start? (The "Discovery" Rule)

Under Article 91 of the RPC, the period of prescription begins to run from:

The day on which the crime is discovered by the offended party, the authorities, or their agents; OR
The day the offense was committed, if the commission was known at the time.

In Estafa cases, the clock typically starts when the victim discovers the fraud (e.g., when a check bounces or when an accounting audit reveals missing funds). In Qualified Theft, it starts when the employer or owner discovers the taking of the property.

5. Tolling or Interrupting the Period

The "running" of the prescriptive period is not always continuous. It can be "tolled" or paused.

Filing the Complaint: The period is interrupted when a complaint is filed with the Office of the City or Provincial Prosecutor (the National Prosecution Service) for preliminary investigation.
Judicial Proceedings: Filing the Information in court also stops the clock.
Escape/Absence: The period does not run when the offender is absent from the Philippine Archipelago. If the accused flees the country, the clock stays frozen until they return.

6. Summary Comparison Table

Feature	Estafa (Art. 315)	Qualified Theft (Art. 310)
Nature of Offense	Deceit/Abuse of confidence	Taking with grave abuse of confidence
Prescriptive Period	Usually 10 to 15 years (depends on amount)	Usually 15 to 20 years
Trigger Event	Discovery of fraud	Discovery of the taking
Interruption	Filing with the Prosecutor's Office	Filing with the Prosecutor's Office

7. Jurisprudential Note: Prescription as a Defense

It is vital to note that prescription of the crime is a substantive right, not just a procedural technicality. If the period has lapsed, the accused can move to quash the Information. If the prosecution fails to prove that the case was filed within the legal window, the court is mandated to dismiss the case, as the State has lost its authority to punish the act.