Prescriptive Period for Physical-Injury Offences in the Philippines (An in-depth guide for lawyers, law-enforcement officers, insurers and the injured public)
1. Why “prescription” matters
In Philippine criminal law prescription (statute of limitations) is the time-bar that permanently prevents the State from prosecuting an offence once a legally fixed period has run. It is rooted in the constitutional guarantee to speedy justice (Art. III, §14(2) & (1)), the public interest in closure, and the defendant’s right not to defend an accusation after evidence has gone stale.
2. Governing statutes
| Source | Key provisions on prescription |
|---|---|
| Revised Penal Code (RPC), Arts. 89–93 | Governs extinction of criminal liability and of penalties for crimes defined by the RPC and, by default, offences under special laws (unless the special law states otherwise per Art. 10). |
| Civil Code, Arts. 1146 & 1145 | Fixes the limitation periods for civil actions (damages arising from quasi-delict or crime). |
| RA 3326 | Supplies prescriptive periods for offences punished by special laws that are silent on prescription. |
| Barangay Justice System Act (RA 7160, §§399–422) | Referral to the Lupon suspends prescription (Art. 91, RPC; Perez v. Martinez, 23 SCRA 1004). |
3. What counts as “physical injuries” under criminal law
- Serious Physical Injuries – Art. 263
- Mutilation – Art. 262 (technically separate, but often discussed together)
- Less Serious Physical Injuries – Art. 265
- Slight Physical Injuries – Art. 266
- Physical Injury through Reckless or Simple Imprudence – Art. 365 (quasi-offence)
Each classification carries its own penalty range; the penalty, not the nomenclature of the crime, determines the prescriptive period.
4. Matching penalties with prescriptive periods
Under Art. 90, RPC, prescription depends on the statutory maximum of the penalty:
| Penalty attached to the offence | Illustrative physical-injury situation | Prescribes in |
|---|---|---|
| Death, Reclusion Perpetua, Reclusion Temporal | Serious injuries resulting in permanent insanity, loss of the use of speech/hearing, or incapacity >90 days (Art. 263(1),(2)) | 20 years |
| Other afflictive penalties (Prision Mayor, etc.) | Loss of an eye, hand or any incapacity >30 days but ≤90 days | 15 years |
| Correctional penalties (except Arresto Mayor) – e.g., Prision Correccional | Loss of a finger; incapacity 10–30 days (Art. 263 par. 3) | 10 years |
| Arresto Mayor (1 mo 1 day – 6 mos) | Less-Serious Physical Injuries (Art. 265) or Reckless imprudence causing injuries now penalised by arresto mayor | 5 years |
| Light penalties (Arresto Menor: 1 day – 30 days; or only a fine ≤ ₱40,000) | Slight Physical Injuries (Art. 266) or reckless-imprudence counterparts; cases where the injured is incapacitated ≤ 9 days or not at all | 1 year |
Rule of thumb: Check the maximum penalty stated in the specific paragraph applied in the Information. The court’s later downgrading or appreciation of mitigating circumstances does not shorten the prescriptive period.
5. How to compute the period (Art. 91, RPC)
Dies a quo (day one). Begins “from the day on which the crime is discovered by the offended party, the authorities, or their agents.” Example: The victim learns of a hairline skull fracture only after a CT-scan two weeks post-assault; prescription starts on the day of that medical discovery, not the night of the brawl.
Interruptions.
- Filing of a complaint or information in any competent body—MTC, RTC, prosecutor’s office (People v. Olarte, 19 SCRA 494)—interrupts and “stops the clock.”
- Proceedings before the Lupon or Ombudsman likewise interrupt.
- If the case is dismissed other than on the merits and without jeopardy, the period begins to run anew but only for the time remaining (People v. City Court of QC, 102 SCRA 597).
Suspensions.
- Absence of the accused from the Philippines suspends running (Art. 91, 2nd ¶).
- Minority of the victim does not suspend (prescription is for the State, not the private offended party).
- Armed conflict or force majeure suspends by analogy to Art. 13, Civil Code.
6. Prescription of penalties vs. crimes
After final judgment, if the convict evades service, a second clock starts (Art. 92). Physical-injury penalties prescribe depending on their class:
- Prision Mayor → 15 yrs;
- Prision Correccional → 10 yrs;
- Arresto Mayor → 5 yrs;
- Light penalties → 1 yr.
This matters for “jumpers” who flee before commitment; if recaptured after the penalty has prescribed, they may no longer be made to serve time.
7. Special situations
| Scenario | Governing rule |
|---|---|
| Physical injuries under RA 9262 (VAWC), RA 7610 (child abuse) | Both laws fix their own prescription—usually 10 years for acts constituting child abuse and 20 years under VAWC for acts “with penalty of prision mayor.” |
| Self-inflicted delay (e.g., private settlement talks) | Does not suspend prescription; advisable to file pro forma complaint to interrupt. |
| Reckless-imprudence injuries | Penalty is one degree lower than that for intentional results (Art. 365); compute prescription from the reduced penalty. |
| Civil suit for damages | Separate 4-year prescriptive period (Art. 1146, Civil Code) independent of the criminal action. Victim should file civil suit before 4-year period lapses even if criminal prosecution is still pending. |
8. Leading jurisprudence
- People v. Olarte, G.R. L-13027, Feb 9 1961 – Barangay or prosecutor filing interrupts.
- Bolos v. Sandiganbayan, G.R. L-47371-81, Oct 6 1986 – Filing with Tanodbayan (now Ombudsman) suspends.
- People v. Pangilinan, G.R. 233897, Oct 3 2018 – Day of discovery doctrine clarified.
- Tresvales v. People, G.R. 188666, Jan 29 2014 – “Information quashal without jeopardy” restarts, not merely suspends, prescription.
9. Practical checklist for practitioners
| Step | Victim’s counsel | Prosecutor | Defence |
|---|---|---|---|
| Date-stamp discovery | Secure medical certificate with discovery date. | Note earliest cognizable date to avoid lapse. | Argue earlier constructive discovery to shorten time left. |
| Interrupt early | File Barangay-level complaint or direct yawp with fiscal. | Draft information promptly if within jurisdiction. | Move to dismiss if filed past limitation. |
| Track suspensions | Verify if accused is abroad (BI records). | Place accused on watchlist to forestall tolling. | Show continuous residence to keep clock running. |
| Civil action | File civil complaint (RTC) within 4 years or “reserve” it in the criminal case. | Attach civil damages to information (Art. 100, RPC). | Plead “payment/novation” if settlement reached. |
10. Key take-aways
- Identify the exact penalty in the pertinent paragraph of Arts. 262–266 or Art. 365 before computing.
- Start counting on the date the injury was “discovered,” not necessarily when inflicted.
- File any formal complaint early—even with the barangay—to freeze prescription.
- Remember the one-year window for slight injuries; it is the most frequently missed.
- Civil and criminal clocks run on different rules—protect both.
(This article reflects statutory amendments and Supreme Court doctrines up to May 26 2025 and is intended for general guidance. Always verify against the most recent circulars and rulings.)