Prescription of Crimes in the Philippines (Legal Article)

Disclaimer

This article is for general information and educational discussion in the Philippine legal context. It is not legal advice, and outcomes depend heavily on dates, filings, and case records.

1) Why “reopening” an old slight physical injuries case is usually difficult

When people ask about “reopening” a criminal case after many years, the biggest barrier is typically prescription of crimes (time-bar). In the Philippines, most crimes must be prosecuted within specific periods; once the period lapses, the State generally loses the power to prosecute.

For Slight Physical Injuries (commonly under Article 266 of the Revised Penal Code), the prescriptive period is very short because it is typically treated as a light offense.

But there are exceptions and complications—especially if:

a complaint was filed on time and interrupted prescription,
the proceedings were terminated and time resumed,
the accused was absent from the Philippines, or
the incident falls under another classification (e.g., other physical injuries, or reckless imprudence, or a special law).

2) The core legal framework on prescription (Philippine context)

A. Revised Penal Code provisions (for crimes under the RPC)

The governing rules are in the Revised Penal Code (RPC), particularly:

Article 90 – Prescription of crimes (how long the State has to prosecute)
Article 91 – Computation and interruption (when the clock starts, stops, and restarts)

Key ideas:

The prescriptive period depends on the penalty attached to the offense (and whether it is light/correctional/afflictive).
The clock generally starts from:
- the date of commission, or
- the date of discovery by the offended party/authorities, in certain cases.
Prescription is interrupted by the filing of the complaint or information (and other recognized interruptive events).
If proceedings end without conviction/acquittal (e.g., dismissal), prescription can resume.
Prescription generally does not run while the offender is absent from the Philippines.

3) Slight Physical Injuries under Article 266 (what it is, and why it prescribes fast)

A. What counts as “slight physical injuries”

Under Article 266, slight physical injuries generally cover injuries that:

incapacitate the victim for labor or require medical attendance for a short time (commonly 1–9 days), or
do not prevent work but cause physical pain or discomfort, depending on circumstances.

It’s distinct from:

Less Serious Physical Injuries (Article 265), and
Serious Physical Injuries (Article 263), which carry higher penalties and longer prescriptive periods.

B. Typical penalty and classification

Slight physical injuries are commonly punished by arresto menor (1 to 30 days) or fine (amounts have been adjusted by legislation such as RA 10951, but the duration-based penalties remain important).

As a practical rule in criminal procedure and everyday prosecution, slight physical injuries are usually treated as a “light offense.”

C. Prescriptive period (the “deadline” to file)

Under Article 90, light offenses prescribe in two (2) months.

That means: if no legally effective filing interrupts the clock, prosecution after years will almost always be time-barred.

4) The most important rule: interruption of prescription (Article 91)

Even if an incident happened long ago, it may still be prosecutable only if the prescriptive period was interrupted in a manner recognized by law, and time did not fully run afterward.

A. When the clock starts

Prescription generally begins to run from the day the crime is:

committed, or
discovered by the offended party, authorities, or their agents (useful for certain concealed or continuing situations; for ordinary injuries, it’s usually the date of the incident).

B. What interrupts prescription

Prescription is interrupted by the filing of the complaint or information.

In practice, interruption questions often turn on where and what was filed, and whether it was the correct initiating pleading before the proper authority.

Common interruptive events include:

filing a criminal complaint for preliminary investigation (if applicable), or
filing a complaint directly with the proper court (for offenses that can be filed directly).

C. If the case is dismissed

If proceedings are terminated without conviction or acquittal (for example, dismissal), Article 91 generally contemplates that the prescriptive period:

starts to run again after termination, and
the time that elapsed before filing may still count depending on circumstances.

A frequent practical outcome:

If you filed on time (interrupting prescription) but the case was later dismissed, you may have only the remaining balance of the prescriptive period—sometimes just days—to refile, unless the law/jurisprudence treats the entire period as restarting (this point can be highly fact- and doctrine-dependent).

D. If the accused is out of the country

Article 91 provides that prescription does not run when the offender is absent from the Philippines. This can matter if the suspect left the country for a long time. This is not the same as merely “in hiding” locally.

5) Katarungang Pambarangay: barangay conciliation and its effect on prescription

Many slight physical injuries complaints fall under the Katarungang Pambarangay system (Lupon Tagapamayapa), depending on residence and other statutory exclusions.

A. When barangay conciliation is required

As a general rule, disputes between individuals residing in the same city/municipality may require barangay conciliation before going to court, subject to exceptions (e.g., urgent legal action, certain offenses, parties not residing in the same LGU, etc.).

B. Does filing at the barangay interrupt prescription?

Philippine law recognizes that the filing of a complaint with the Lupon can interrupt prescription for disputes covered by Katarungang Pambarangay, and conciliation is often treated as a condition precedent when applicable.

Practical consequence:

If the matter was brought to the barangay within the 2-month period, the complainant may argue that prescription was interrupted during conciliation processing—subject to compliance with requirements and proper documentation (e.g., certification to file action).

This area is extremely documentation-driven: whether the barangay filing qualifies, and what dates are on record, can decide the issue.

6) “Reopening” vs “refiling” vs “reviving” — important distinctions

People use “reopen” loosely. Legally, you must identify what actually happened before:

Scenario 1: No case was ever filed

If no complaint/information was filed with a prosecutor/court (and no effective interruptive barangay filing), then after many years:

Slight physical injuries is almost certainly prescribed (2 months).

Scenario 2: A case was filed but was dismissed “without prejudice”

A dismissal without prejudice can allow refiling—but only if:

the crime is not yet prescribed, considering interruptions and resumed running of time.

With a 2-month prescriptive period, even a short delay after dismissal can be fatal.

Scenario 3: The accused was arraigned and the case was dismissed in a way that triggers double jeopardy

If jeopardy attached (generally: valid complaint/information, competent court, accused arraigned, and plea entered) and the case was dismissed not on motion of the accused (or without their express consent), double jeopardy may bar prosecution regardless of prescription issues.

Scenario 4: The case ended in acquittal or conviction

A final judgment ends it. The issue becomes prescription of penalties (Article 92/93), not prescription of crimes.

7) Common reasons old slight physical injuries cases cannot be revived

A. Prescription already lapsed (most common)

With a 2-month prescriptive period, years-old incidents nearly always fail unless there was a timely filing that clearly interrupted prescription and the time did not fully run afterward.

B. Misclassification: the injury might not actually be “slight”

Sometimes an old complaint was labeled “slight physical injuries,” but the facts fit:

less serious (longer medical attendance/incapacity), or
serious physical injuries, which have much longer prescriptive periods.

Medical records and medico-legal certificates are crucial here. A change in classification is not automatic; prosecutors/courts look at objective indicators such as incapacity days and medical attendance.

C. Procedural defects in initiating the case

If the “filing” was not legally sufficient—wrong venue, wrong authority, no proper complaint, no required certification to file action when barangay conciliation is mandatory—it may not interrupt prescription.

D. Case “sleeping” after dismissal

Even if a timely filing interrupted prescription, a later dismissal may cause time to run again. With only two months total, the remaining time can be tiny.

8) A practical “date math” guide (how analysis is usually done)

To evaluate whether prosecution is still possible, you typically reconstruct this timeline:

Date of incident / discovery
Date of first legally effective filing (prosecutor, court, or qualifying barangay filing)
Periods when the case was pending (prescription usually stopped during pendency)
Date of termination (dismissal/archiving/withdrawal)
Time elapsed after termination until refiling attempt
Whether the accused was absent from the Philippines (tolling)

For slight physical injuries, the total “running time” allowed (outside interruption/tolling) is typically 2 months.

9) Even if criminal prosecution is barred, what about civil claims?

A. Civil liability arising from crime vs independent civil actions

In Philippine law, civil damages may be pursued through:

Civil liability arising from the crime (often pursued alongside the criminal case), and/or
Independent civil action in specific cases.

Notably, the Civil Code recognizes certain independent civil actions, including for physical injuries (commonly discussed under Article 33, in relation to separate civil actions for damages). These proceed on a preponderance of evidence standard rather than proof beyond reasonable doubt.

B. Prescription of civil actions (different clocks)

Civil claims have their own prescriptive periods, depending on the legal basis (e.g., quasi-delict, written contract, etc.). Many damages claims commonly implicated by physical harm are often subject to a 4-year prescriptive period (frequent in quasi-delict and certain injury-based actions), but the correct period depends on the exact cause of action pleaded and the facts.

So, even if criminal prosecution for slight physical injuries is prescribed, a civil action might still be possible only if the civil prescriptive period has not lapsed (which, after many years, is also often a problem unless there are tolling/interruptive events).

10) Interaction with the Rules of Criminal Procedure and “light offenses”

A. Filing path for slight physical injuries

Slight physical injuries are generally within the jurisdiction of the first-level courts (Municipal Trial Court / Metropolitan Trial Court), and the procedure may fall under summary procedure depending on the penalty and current procedural rules.

This affects:

whether the case is filed directly in court versus through a prosecutor,
the speed and formality of proceedings,
and how dismissals occur (which can influence prescription analysis).

B. Settlement/compromise considerations

Physical injuries can involve settlement dynamics. While criminal liability is generally not extinguished by private compromise in many crimes, light offenses and practical prosecution realities often lead to dismissals when complainants desist—yet desistance does not automatically erase prescription issues if the case is later revived.

11) Practical checklist: what “many years later” usually requires to even argue revival

To credibly argue that a years-old slight physical injuries prosecution is still viable, one or more of the following usually must be true:

A timely complaint or information was filed within the 2-month period, and the record clearly supports it; or
Barangay filing occurred within the period, and the dispute was covered by Katarungang Pambarangay, with documentation showing interruption; and/or
The accused was absent from the Philippines for a period sufficient to toll prescription; and/or
The offense was misclassified, and the correct charge carries a longer prescriptive period (because the injuries were actually less serious/serious, or another applicable offense).

Without one of these, the typical legal conclusion for slight physical injuries after many years is prescribed.

12) Bottom line (Philippine context summary)

Slight physical injuries under the Revised Penal Code is generally treated as a light offense.
Light offenses prescribe in 2 months (Article 90, RPC).
The prescriptive period can be interrupted by the proper filing of a complaint/information and, in appropriate cases, by barangay conciliation filing.
After termination (like dismissal), prescription may resume, and with only two months total, refiling is often time-barred very quickly.
Even where criminal prosecution is barred, civil actions have separate rules and prescriptive periods, though “many years later” is also commonly problematic.