The prescriptive period determines the time limit within which the State may initiate criminal prosecution for physical injuries. Once this period lapses, the criminal liability is extinguished under Article 89(3) of the Revised Penal Code (RPC). In the Philippines, physical injuries are primarily governed by Articles 262–266 of the RPC, and the applicable prescriptive periods are found in Article 90 (for RPC offenses) and Article 91 (computation and interruption).
Legal Framework
Article 90, Revised Penal Code (prescriptive periods for RPC crimes):
- 20 years – crimes punishable by reclusion perpetua, reclusion temporal, or death
- 15 years – crimes punishable by other afflictive penalties (primarily prision mayor)
- 10 years – crimes punishable by correctional penalties (prision correccional, suspension, destierro)
- 5 years – crimes punishable by arresto mayor
- 1 year – libel and similar offenses
- 6 months – oral defamation and slander by deed
- 2 months – light felonies (punishable by arresto menor or fine not exceeding P40,000 under RA 10951)
Article 91, RPC – computation and interruption rules.
Act No. 3326 – applies only to violations of special laws (e.g., RA 9262, RA 7610, RA 9745), not to pure RPC physical injuries cases.
Classification of Physical Injuries and Corresponding Prescriptive Periods
| Offense | RPC Article | Penalty (Principal Modes) | Classification of Penalty | Prescriptive Period |
|---|---|---|---|---|
| Mutilation (1st kind – mayhem, castration, etc.) | Art. 262, par. 1 | Reclusion temporal to reclusion perpetua | Afflictive (RT/RP) | 20 years |
| Mutilation (2nd kind – intentional mutilation of other parts) | Art. 262, par. 2 | Reclusion temporal | Afflictive (RT) | 20 years |
| Serious physical injuries (loss of principal member, insanity, impotence, blindness, etc.) | Art. 263, par. 1 | Reclusion temporal | Afflictive (RT) | 20 years |
| Serious physical injuries (incapacity >90 days or loss of speech, hearing, etc.) | Art. 263, par. 2 | Prision mayor | Afflictive | 15 years |
| Serious physical injuries (deformity, loss of other member, or incapacity/incurred medical attendance 30–90 days) | Art. 263, par. 3 | Prision correccional in medium and maximum | Correctional | 10 years |
| Serious physical injuries (injuries under par. 3 or 4 that healed in less than 30 days) | Art. 263, par. 4 | Arresto mayor | Correctional | 5 years |
| Less serious physical injuries (incapacity or medical attendance 10–30 days) | Art. 265 | Arresto mayor (if committed with intent to insult or under ignominious circumstances: arresto mayor maximum to prision correccional minimum) | Correctional | 5 years |
| Slight physical injuries (incapacity or medical attendance 1–9 days) | Art. 266, par. 1 | Arresto menor or fine not exceeding P40,000 (RA 10951) | Light | 2 months |
| Ill-treatment by deed without injury (slapping, pushing, etc.) | Art. 266, par. 2 & 3 | Arresto menor | Light | 2 months |
Physical Injuries Through Reckless Imprudence (Art. 365, RPC)
The penalty is one degree lower than that provided for the intentional offense.
- Reckless imprudence resulting in serious physical injuries: usually prision correccional in minimum and medium → 10 years prescription
- Reckless imprudence resulting in less serious physical injuries: arresto mayor in minimum and medium → 5 years
- Reckless imprudence resulting in slight physical injuries: arresto menor → 2 months
Note: Traffic accident cases involving physical injuries are almost always charged under Art. 365. The prescriptive period follows the penalty actually imposable after applying the one-degree-lower rule.
Computation of the Prescriptive Period (Art. 91, RPC)
Commencement
The period commences from the day the crime is committed, except when the crime is not immediately known (concealment cases), in which case it runs from discovery by the offended party, the authorities, or their agents.In physical injuries cases, the crime is almost always discovered immediately, so the period runs from the date of infliction.
Interruption
For offenses under the Revised Penal Code (including all physical injuries cases under Arts. 262–266 and Art. 365), the filing of the complaint-affidavit with the Office of the Prosecutor for preliminary investigation interrupts the running of the prescriptive period (People v. Cuaresma, G.R. No. L-67787, 1989; reiterated in Brillante v. CA, 2005 and subsequent cases).The period begins to run again if:
- The case is provisionally dismissed (Sec. 8, Rule 117, Rules of Court – 2-year revival period)
- The proceedings are unjustifiably stopped for a reason not imputable to the accused
Suspension
The period is suspended while the accused is outside Philippine territory (Art. 91, last paragraph, RPC).
Special Cases and Related Offenses
When physical injuries are absorbed into a more serious crime
- If intent to kill is proven → attempted or frustrated homicide/parricide/murder (20 years prescription)
- If the victim dies as a result of the injuries → homicide, murder, or parricide (20 years)
- The prosecutor has discretion to charge the graver offense when evidence warrants.
Violence Against Women and Their Children (RA 9262)
Physical violence against a woman or her child is punishable under RA 9262 (special law). Prescriptive period is governed by Act No. 3326, not Art. 90 RPC.Typical prescriptive periods in VAWC physical injuries cases:
- Slight physical injuries under VAWC → elevated to prision correccional → 8 years (Dinamling v. People, G.R. No. 199522, June 22, 2015)
- More serious acts → prision mayor or higher → 12 years or more
- Many VAWC cases now prescribe in 10–20 years depending on the penalty imposed.
Child Abuse (RA 7610, as amended by RA 11648)
Physical abuse of a child resulting in physical injuries is punished under Sec. 10(c) RA 7610 with one-degree-higher penalty. Prescription follows Act No. 3326 (usually 12–20 years).Anti-Torture Act (RA 9745)
If the physical injuries amount to torture → reclusion perpetua → 20 years prescription under Act No. 3326.Physical injuries committed by public officers (maltreatment of prisoners, Art. 235 RPC)
Prescriptive period: 10–15 years depending on penalty.
Practical Notes for Complainants and Practitioners
- Slight physical injuries cases become unpursueable after 2 months in almost all instances. Many victims who delay filing lose their remedy.
- Less serious physical injuries (5 years) and serious physical injuries (10–20 years) give victims reasonable time, but delay still risks prescription.
- Always file the complaint with the prosecutor as soon as possible. The date of filing of the affidavit-complaint is the date that interrupts prescription in RPC cases.
- In reckless imprudence cases arising from vehicular accidents, the 5-year or 10-year period is strictly observed (People v. Chua, G.R. No. 238714, March 18, 2020 – prescription upheld when information filed after period lapsed).
The prescriptive periods for physical injuries under the Revised Penal Code remain among the shortest for crimes against persons, reflecting the law’s original policy of encouraging quick resolution of relatively minor personal disputes while reserving longer periods for graver offenses. However, when the same acts fall under special laws (VAWC, child abuse, torture), the periods are significantly longer, reflecting contemporary legislative intent to afford greater protection to vulnerable sectors.