Prescriptive Periods for Filing Estafa and Qualified Theft Charges in the Philippines
In Philippine criminal law, the "prescriptive period" refers to the time limit within which the State must commence a criminal action against a perpetrator. Once this period expires, the crime is said to have "prescribed," and the right of the State to prosecute the offense is extinguished.
For two of the most common crimes against property—Estafa and Qualified Theft—determining the prescriptive period requires navigating the interplay between the Revised Penal Code (RPC) and Act No. 3326.
1. The Legal Basis for Prescription
Prescription of crimes is governed primarily by Article 90 and Article 91 of the Revised Penal Code. However, since the enactment of Republic Act No. 10951 in 2017, which adjusted the penalties for various crimes based on the amount involved, the prescriptive periods for Estafa and Theft have seen significant practical shifts.
General Rule for Prescription (Article 90, RPC):
- Death or Reclusion Perpetua: 20 years.
- Afflictive Penalties: 15 years (e.g., Prision Mayor).
- Correctional Penalties: 10 years (e.g., Prision Correccional), except for libel.
- Light Felonies: 2 months.
2. Estafa (Article 315, RPC)
Estafa is a crime committed through deceit, abuse of confidence, or fraudulent means. The prescriptive period for Estafa depends entirely on the penalty imposed, which is dictated by the amount of the fraud.
Prescriptive Periods for Estafa:
- 15 Years: If the amount defrauded is significant enough to warrant an afflictive penalty (such as when the amount exceeds ₱2.4 million under RA 10951).
- 10 Years: If the penalty is correctional (typically for amounts ranging from over ₱40,000 to ₱2.4 million).
- 5 Years: For "Arresto Mayor" or smaller amounts.
Note on Estafa through BP 22: While Estafa is a felony under the RPC, the violation of the Bouncing Checks Law (BP 22) is a special law. Under Act No. 3326, BP 22 prescribes in 4 years.
3. Qualified Theft (Article 310, RPC)
Theft becomes "Qualified" when it is committed by a domestic servant, with grave abuse of confidence, or if the property stolen consists of specific items like motor vehicles, mail, or coconuts from a plantation.
Why the Period is Longer:
Under Article 310, Qualified Theft is punished by a penalty two degrees higher than that specified for simple theft. Because the penalties for Qualified Theft often reach Reclusion Temporal or even Reclusion Perpetua (depending on the value), the prescriptive period is almost always:
- 20 Years: In most cases involving significant corporate or domestic theft, because the penalty is often equivalent to or higher than Reclusion Perpetua.
- 15 Years: If the value results in a penalty of Prision Mayor in its maximum period to Reclusion Temporal.
4. When Does the Clock Start Ticking?
According to Article 91 of the RPC, the prescriptive period begins to run from the day on which the crime is discovered by the offended party, the authorities, or their agents.
The "Discovery" Rule:
- Obvious Crimes: If a laptop is stolen from an office, the clock usually starts the day it is noticed missing.
- Complex Fraud: In many Estafa cases involving complex accounting or "shadow" transactions, the period may not begin until an audit reveals the discrepancy.
- Constructive Notice: If the fraud is recorded in a public document (like the Registry of Deeds), the prescriptive period may be argued to start from the date of registration, as this constitutes "constructive notice" to the whole world.
5. Tolling (Interrupting) the Period
The prescriptive period is "interrupted" or paused when:
- A complaint is filed with the Office of the City or Provincial Prosecutor for preliminary investigation.
- Judicial proceedings are instituted (the filing of the Information in court).
If the proceedings are dismissed for reasons not involving the merits of the case (like a technicality) or are suspended, the prescriptive period begins to run again.
Summary Table
| Crime | Usual Penalty Grade | Prescriptive Period |
|---|---|---|
| Simple Estafa | Correctional to Afflictive | 10 to 15 Years |
| Estafa (Large Scale) | Reclusion Perpetua | 20 Years |
| Simple Theft | Correctional | 10 Years |
| Qualified Theft | Afflictive to Capital | 15 to 20 Years |
| Light Felonies | Light | 2 Months |
Conclusion
While 10 to 20 years may seem like a long time, the complexity of gathering evidence for Estafa or Qualified Theft often leads to delays. It is a fundamental principle of Philippine law that "the law assists those who are vigilant of their rights, not those who sleep on them." Failing to file within these periods acts as a permanent bar to prosecution, regardless of the guilt of the accused.