Introduction

Under Philippine law, “statute of limitations” is called prescription of offenses. It fixes the maximum period within which the State must begin a criminal prosecution; once that period lapses, the State loses the right to sue and the accused acquires the right to invoke prescription as a defense. Domestic‑violence‑related crimes in the Philippines are governed principally—but not exclusively—by Republic Act No. 9262, the “Anti‑Violence Against Women and Their Children Act of 2004” (VAWC). Other relevant statutes include the Revised Penal Code (RPC) for ordinary crimes such as physical injuries or threats, RA 7610 on child abuse, and special laws on sexual offenses. This article maps out every major prescriptive rule a practitioner or survivor needs to know.

1. Domestic Violence Offenses and the Governing Statute

Legal basis	Relationship required	Covered acts (illustrative)
RA 9262 (VAWC)	Wife, former wife, woman with whom the offender has or had a dating or sexual relationship, or with whom he has a common child; her child	Physical, sexual, psychological, economic abuse (including stalking, coercion, deprivation of financial support)
RPC	No special relationship element	Homicide, serious/less serious/slight physical injuries, threats, grave coercion, etc. occurring in the domestic sphere
RA 7610	Child (below 18 or over 18 but unable to protect self)	Child abuse and related acts, including physical and psychological maltreatment

2. Prescription Under RA 9262: 20 Years

Section 24, RA 9262: “The offenses punishable under this Act shall prescribe in twenty (20) years.”

Uniform period: Whether the act is slight economic abuse or severe physical violence, the limitation period is always 20 years.
Longer than the RPC: The legislature deliberately chose a longer period than most equivalent RPC offenses (see Section 4, VAWC Explanatory Note), giving survivors breathing space to act when they are ready.

2.1 Continuing‑Offense Doctrine

Supreme Court jurisprudence (e.g., People v. Dionisio De la Cruz, G.R. No. 224725, 10 Jan 2018) treats VAWC as a continuing offense. Prescription therefore begins to run only from the date of the last overt act of violence or abuse. Repeated economic deprivation, for instance, keeps the clock from starting until the support is finally given or the pattern stops.

2.2 Interruption and Suspension

Because RA 9262 is a special law that is silent on interruption, courts apply Articles 91–93 of the RPC by analogy:

Filing a complaint or information—even with the barangay or prosecutor—interrupts prescription.
The period does not run while the offender is outside the Philippines.
Once interrupted, prescription resumes only when the cause of suspension ceases.

3. Barangay Proceedings, Protection Orders, and Their Effect

RA 9262 exempts VAWC from mandatory barangay conciliation (Sec. 33, Katarungang Pambarangay Act), so filing directly in court or the prosecutor’s office is allowed. A Barangay Protection Order (BPO) or Temporary/Permanent Protection Order (TPO/PPO) is a remedy, not a criminal action; applying for one does not interrupt prescription unless a criminal complaint is filed concurrently.

4. Prescription of Related Offenses When Charged Outside RA 9262

Sometimes prosecutors charge ordinary RPC crimes instead of—or alongside—VAWC. Here are the key prescriptive periods (RPC, Art. 90 as amended):

Offense & Penalty	Prescriptive period
Serious physical injuries (reclusión temporal)	20 years
Less‑serious physical injuries (prisión correccional)	10 years
Slight physical injuries & maltreatment (arresto menor)	2 months
Grave threats/coercion (prisión correccional)	10 years
Arresto mayor penalties	5 years
Light offenses not penalized by RA 9262	2 months

Practice tip: If the same violent incident could fall under both RA 9262 and an RPC provision with a shorter prescriptive period, charge RA 9262 to avoid the shorter window.

5. Child‑Focused Domestic Violence: RA 7610

RA 7610 does not contain its own prescriptive article; courts revert to the RPC schedule based on the penalty actually imposable (usually prisión mayor or prisión correccional). Because penalties are typically heavier than those under RA 9262, prescription is often 15 years (if prisión mayor) or 10 years (if prisión correccional). Survivors may, however, still invoke RA 9262 if the offender has the requisite domestic relation, thereby benefiting from the 20‑year rule and the “continuing offense” doctrine.

6. Civil Actions and Damages

Independent civil action under RA 9262 (Sec. 35): May be filed separately from the criminal case.
Civil Code Art. 1146 (torts): Actions for “injury to rights” (e.g., psychological harm) prescribe in 4 years if no special law applies.
Strategic choice: Victims often file the civil suit together with or after the criminal case to piggy‑back on the longer 20‑year period and avoid premature time‑bar issues.

7. Prescription of Penalties After Conviction (Art. 92, RPC)

Once a judgment of conviction becomes final, prescription of the penalty—a different concept—begins to run if the convict evades service. Example: for penalties of prisión mayor (RA 9262’s maximum), the penalty prescribes in 15 years. This ensures fugitives cannot wait out their sentence indefinitely.

8. Flowchart for Practitioners

Identify applicable law. Does the relationship fit RA 9262? If yes, prefer RA 9262.
Check last abusive act. For continuing abuse, mark the most recent incident.
Count 20 years (RA 9262) or RPC period from that date.
Was there a complaint, information, or warrant? If filed/issued, clock stops.
Was the respondent abroad? If yes, suspend counting while abroad.
If time remains, file immediately; if period lapsed, explore other theories (e.g., newer acts, civil action).

9. Recent Supreme Court Guidance

People v. De la Cruz, G.R. 224725 (10 Jan 2018): VAWC is continuing; even partial acts in one locale confer venue; prescription runs from last act.
AAA v. BBB, G.R. 219239 (24 Apr 2017): Threats and economic abuse fall within RA 9262; the 20‑year period applies regardless of penalty severity.
People v. Tulagan, G.R. 227363 (16 Mar 2021): Clarifies interplay of RA 7610, RA 8353 (rape), and prescription rules when child‑victims are involved.

10. Practical Take‑Aways for Survivors and Counsel

Twenty years is generous but not endless. Document each abusive act; the last one matters most.
File early when safe to do so. Early filing triggers interruption and enables immediate protection orders.
Use RA 9262 if possible. Its longer prescriptive period and victim‑centered remedies (POs, custody, support) make it superior to ordinary RPC charges.
Track the respondent’s whereabouts. Time abroad pauses the countdown, which can be pivotal in borderline situations.
Mind civil claims. Monetary damages under RA 9262 remain actionable even if the criminal case is time‑barred, provided Art. 1146 has not lapsed.

Conclusion

In the Philippine context, the statute of limitations for domestic‑violence crimes is normally twenty (20) years under RA 9262, counted from the last act of violence and subject to the interruption‑and‑suspension rules borrowed from the Revised Penal Code. When domestic abuse is prosecuted under other statutes, the prescriptive period follows the penalty actually prescribed—often far shorter. Properly classifying the offense and understanding how prescription is computed, interrupted, or tolled are therefore critical in safeguarding a survivor’s right to justice.