Introduction

In the Philippine legal system, the concept of prescription refers to the time limit within which a criminal action must be initiated after the commission of an offense. This principle is rooted in the need to ensure timely prosecution, preserve evidence, and protect individuals from indefinite threats of legal action. The prescriptive periods for crimes are primarily governed by Article 90 of the Revised Penal Code (Act No. 3815, as amended), which outlines the durations based on the gravity of the penalties imposed. For offenses like physical injuries and grave threats, these periods vary depending on the classification and severity of the act.

Physical injuries and grave threats are common criminal complaints filed before Philippine courts, often arising from personal disputes, altercations, or intimidation scenarios. Physical injuries involve harm to another's body, while grave threats pertain to menacing statements or actions that instill fear of harm. Understanding the prescriptive periods is crucial for victims seeking justice, as failure to file within the allotted time results in the extinguishment of the criminal action, barring prosecution unless exceptions apply.

This article comprehensively explores the prescriptive periods for these offenses, including their legal definitions, classifications, applicable penalties, computation of periods, interruptions, and related procedural aspects under Philippine law.

Legal Framework Governing Prescription

The Revised Penal Code (RPC) serves as the cornerstone for determining prescriptive periods in criminal cases. Article 90 provides a tiered system based on the penalty's nature:

Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years.
Other afflictive penalties (e.g., prision mayor): 15 years.
Correctional penalties (e.g., prision correccional): 10 years.
Arresto mayor: 5 years.
Libel or other similar offenses: 1 year.
Oral defamation or slander: 6 months.
Light penalties (e.g., arresto menor or fine not exceeding P200): 2 months.

For light felonies, prescription begins from the day the offense is discovered by the offended party, authorities, or their agents, unlike graver crimes where it starts from the date of commission. The periods are computed in accordance with Article 13 of the Civil Code, excluding the first day and including the last, with months considered as 30 days unless specified otherwise.

Additionally, Republic Act No. 10592 (amending the RPC) and other laws may influence related aspects, but the core prescriptive rules remain under Article 90. The Rules of Court (particularly Rule 110 on institution of criminal actions) and jurisprudence from the Supreme Court further clarify application, emphasizing that prescription is a matter of law that can be raised at any stage.

Physical Injuries: Definitions, Classifications, and Prescriptive Periods

Physical injuries are criminalized under Articles 262 to 266 of the RPC, categorized by severity: serious, less serious, and slight. The classification determines the penalty, which in turn dictates the prescriptive period. These offenses involve intentional infliction of physical harm without intent to kill (which would elevate to attempted or frustrated homicide or murder).

Serious Physical Injuries (Article 263)

This covers injuries that:

Cause insanity, impotency, blindness, or loss of major body parts (e.g., eye, hand, foot).
Result in deformity or loss of use of a member.
Incapacitate the victim for labor for more than 90 days.
Endanger life or cause illness requiring medical attention for more than 90 days.

Penalties range from prision mayor (6 years and 1 day to 12 years) for the gravest forms, down to arresto mayor (1 month and 1 day to 6 months) or prision correccional (6 months and 1 day to 6 years) for lesser degrees, depending on circumstances like use of weapons or treachery.

Prescriptive Period: For penalties of prision mayor (afflictive): 15 years. For prision correccional (correctional): 10 years. For arresto mayor: 5 years.
Key Notes: The period commences from the date of commission. If the injury leads to death within the prescriptive window, the charge may upgrade to homicide, resetting the period to 20 years.

Less Serious Physical Injuries (Article 265)

These involve injuries that incapacitate the victim for labor for 10 to 30 days or require medical attendance for the same duration, without qualifying as serious.

Penalty: Prision correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months).
Prescriptive Period: 10 years (correctional penalty).

Slight Physical Injuries (Article 266)

This includes injuries that do not prevent the victim from working or require medical attention beyond 9 days, or mere physical harm without incapacity (e.g., slap causing redness).

Penalty: Arresto menor (1 to 30 days) or fine not exceeding P500, or both. Subclassified into:
- Ill-treatment without wounds: Arresto menor or fine.
- Injuries incapacitating for 1-9 days: Arresto menor (11-30 days) or fine.
Prescriptive Period: 2 months (light penalty), starting from discovery, not commission, per Article 90.

Special Considerations for Physical Injuries

Aggravating Circumstances: Factors like abuse of superior strength or minority of the victim may increase penalties, potentially shifting the prescriptive period (e.g., from 10 to 15 years).
Complex Crimes: If combined with other offenses (e.g., physical injuries with robbery), the period follows the graver penalty.
Civil Aspects: While criminal prescription bars prosecution, civil liability for damages may still be pursued within 4 years (quasi-delict under Article 1146, Civil Code) or 10 years (contract-based), independent of criminal action.
Jurisprudence: Courts have ruled that prescription does not run during periods of martial law or when the offender is absent from the Philippines (Article 91). In cases like People v. Navarro, the Supreme Court emphasized strict computation to avoid injustice.

Grave Threats: Definitions, Classifications, and Prescriptive Periods

Grave threats are penalized under Article 282 of the RPC, involving threats to commit a crime against the person, honor, or property of the offended party or their family, serious enough to inspire fear. Threats must be unconditional and not subject to a condition (distinguishing from light threats or coercion).

Classifications and Penalties

First Form: Threat to commit a crime punishable by death, reclusion perpetua, etc., or involving arson, rape, etc. Penalty: One degree lower than the threatened crime.
Second Form: Other grave threats not falling under the first, or those made in writing/drawing. Penalty: Arresto mayor (1 month and 1 day to 6 months) and fine up to P500.

If the threat is carried out, it absorbs into the consummated crime (e.g., threat followed by injury becomes physical injuries).

Prescriptive Period: Generally 5 years (for arresto mayor). If the threatened crime carries a higher penalty, the period adjusts accordingly (e.g., 15 years if one degree lower is afflictive).

Light Threats (Article 283)

For comparison, light threats (non-grave, conditional, or minor) carry arresto menor or fine, with a 2-month prescription from discovery.

Special Considerations for Grave Threats

Modes of Commission: Oral, written, or through acts (e.g., gesturing with a weapon). Cyberlibel laws (Republic Act No. 10175) may intersect if threats are online, but prescription remains RPC-based.
Intent and Fear: Jurisprudence requires proof of intent to cause fear and actual inspiration of terror (e.g., People v. Valdes).
Interruptions: Filing a complaint with the barangay or fiscal interrupts the period (Article 91).
Civil Liability: Damages for moral anguish may be claimed civilly within 5 years (Article 1146, Civil Code) if based on crime.

Computation and Interruption of Prescriptive Periods

Starting Point: For grave felonies, from commission; for light, from discovery. Discovery means knowledge by the victim or authorities.
Computation Rules: Follow Civil Code Article 13: Year = 365 days, month = 30 days. Leap years are accounted for. If the last day falls on a holiday, it extends to the next working day (per administrative rules).
Interruption (Article 91): The period stops upon filing the complaint or information in court or with the prosecutor's office. It resumes if proceedings terminate without conviction/acquittal. Offender's absence from the Philippines or commission of another crime also interrupts.
Extension in Special Cases: Under Republic Act No. 8239 (Philippine Passport Act) or anti-terrorism laws, related threats may have adjusted periods, but core RPC rules apply.
Waiver: Prescription cannot be waived in advance but can be invoked as a defense.

Procedural Aspects in Filing Cases

Where to File: Preliminary investigation with the Office of the City/Provincial Prosecutor or directly in Municipal Trial Court for light offenses. Barangay conciliation is mandatory for offenses punishable by less than 1 year (Katarungang Pambarangay Law), but does not affect prescription.
Evidence Requirements: For physical injuries, medical certificates detailing injury extent; for threats, witness affidavits or recordings.
Amnesty or Pardon: Does not affect prescription but may extinguish liability post-filing.
Appeals and Revival: Once prescribed, cases cannot be revived, even on appeal (People v. Sandiganbayan).

Implications and Practical Advice

Missing the prescriptive period leads to case dismissal, emphasizing prompt action. Victims should document incidents immediately and consult lawyers. For offenders, prescription serves as a defense, but moral obligations persist. In a broader context, these periods balance justice with finality, though critics argue short periods for light offenses hinder accountability.

In summary, prescriptive periods for physical injuries range from 2 months to 15 years, and for grave threats typically 5 years, all hinged on penalty severity under the RPC. Thorough understanding ensures effective navigation of the Philippine justice system.