Quick answer

There is no single prescriptive period for filing a case in the Philippines. The correct deadline depends on:

the exact cause of action, offense, or remedy;
the law that specifically governs it;
the date the right to sue accrued—or, in some criminal cases, the date the offense was discovered;
any valid interruption, suspension, or restart of the period; and
whether a separate procedural deadline, such as an appeal period, applies.

Start with the special law governing the dispute. Use the Civil Code’s general periods only if no more specific provision applies. When several legal characterizations are possible, calculate from the shortest plausible period and the earliest defensible starting date. File early: negotiations, police reports, informal complaints, and demand letters do not always stop prescription.

What a prescriptive period does

A prescriptive period is the time allowed by law to enforce a right or prosecute an offense. Once it expires:

a civil claim may be dismissed or barred by the statute of limitations; or
criminal liability may be extinguished by prescription.

Prescription is different from a procedural or “reglementary” deadline. A claim may still be within its substantive prescriptive period but lose a particular remedy because an appeal, motion, administrative protest, or petition was filed late.

For example, an ordinary civil appeal generally must be taken within 15 days from notice of the judgment or final order, while a Rule 65 petition for certiorari generally has a 60-day period. Those are not the same as the years allowed to commence the original action.

Use this five-step method

1. Identify the precise legal claim

Do not begin by asking only, “When did the problem happen?” First determine what case the facts legally support.

The same transaction may involve different claims with different periods. A failed sale, for example, might support an action to enforce a written contract, annul a voidable contract, declare a contract void, recover property, or claim damages for fraud. The period depends on the right asserted and the relief requested—not merely the title placed on the complaint.

For a criminal matter, identify the exact offense and whether it is punished under:

the Revised Penal Code;
a special penal law; or
a municipal or city ordinance.

Also determine the penalty prescribed by law because many criminal prescriptive periods are based on that penalty.

2. Look for a special rule first

A special statute, regulation, court rule, collective bargaining agreement authorized by law, or agency-specific rule may provide a period different from the Civil Code.

Examples include labor claims, tax cases, election disputes, insurance claims, corporate remedies, family cases, agrarian matters, government claims, administrative disciplinary cases, and offenses under special penal laws.

Article 1148 of the Civil Code expressly recognizes that its general periods yield to periods provided elsewhere in the Code or in special laws.

3. Determine when the period began

Under Article 1150 of the Civil Code, the general rule is that prescription is counted from the day the action may be brought. A cause of action ordinarily accrues when:

the claimant has an enforceable legal right;
the other party has a corresponding duty; and
the other party breaches that duty.

The signing date of a contract is not automatically the starting date. The relevant date may instead be the due date, refusal to perform, nonpayment, termination, discovery of fraud, receipt of a denial, or completion of a required prior demand.

Special rules may use different triggers. For example:

an action on a judgment is counted from the judgment’s finality;
annulment based on fraud or mistake is counted from discovery;
a criminal offense under the Revised Penal Code is generally counted from discovery by the offended party, the authorities, or their agents;
a special-law offense may be counted from commission if known, or from discovery if it was not known at the time; and
receipt of a decision or order may start a short appeal or review period.

Do not assume that continuing harm creates a continuously renewed deadline. Courts distinguish a continuing violation from the continuing effects of an earlier completed act.

4. Check every possible interruption or suspension

“Interruption,” “suspension,” and “tolling” do not always have the same effect. Depending on the governing law, an event may:

erase the time already elapsed and start a new full period;
pause the clock and leave only the unused balance; or
have no effect at all.

The exact statutory language and applicable decisions must be checked.

5. Confirm what filing legally stops the clock

A timely document filed in the wrong place may not preserve the claim. Confirm:

the proper court, prosecutor, tribunal, or agency;
whether a complaint, petition, information, notice, protest, or referral is required;
whether barangay conciliation or another condition precedent applies;
the correct parties, jurisdiction, and venue; and
the authorized filing method and proof required.

Under Rule 1, Section 5 of the Rules of Civil Procedure, a civil action is commenced by filing the original complaint in court. If a new defendant is added later, the action is commenced against that defendant only on the date of the later pleading.

General periods for common civil actions

The following are baseline periods under Articles 1140 to 1149 of the Civil Code. They do not displace a more specific law.

Type of civil action	General period	Important qualification
Recover movable property	8 years	Generally counted from loss of possession, subject to rules on acquisition of ownership and property obtained through crime
Real action over immovable property	30 years	Do not apply this mechanically to every land dispute; registered land and reconveyance cases have important distinctions
Mortgage action	10 years	The loan terms, maturity, acceleration, and applicable special laws must be examined
Action upon a written contract	10 years from accrual	A special law may provide a shorter period
Action upon an obligation created by law	10 years from accrual	Applies only when no special period controls
Action upon a judgment	10 years	Execution by motion is generally available only within five years from entry; afterward, an independent action may be required before the judgment becomes barred
Oral contract	6 years	Proving the agreement and its due date may be decisive
Quasi-contract	6 years	Includes certain obligations imposed to prevent unjust enrichment, subject to the actual legal basis
Injury to the plaintiff’s rights	4 years	Classification depends on the allegations and principal right violated
Quasi-delict	4 years	Commonly relevant to negligence claims independent of contract
Forcible entry or unlawful detainer	1 year	The correct starting point depends on whether possession was unlawful from the beginning or became unlawful after demand
Civil action for defamation	1 year	Separate from, although related to, criminal prescription
Other actions with no period fixed elsewhere	5 years from accrual	This is a residual rule, not a default to use before checking special laws

The controlling text is in the Civil Code of the Philippines, Articles 1139–1155.

Important civil exceptions

Void and voidable contracts are different

An action to annul a voidable contract must generally be brought within four years. The starting point varies:

intimidation, violence, or undue influence: when the defect ceases;
mistake or fraud: upon discovery; and
incapacity: when guardianship ceases.

By contrast, Article 1410 provides that an action or defense to declare an inexistent or void contract does not prescribe. Whether a contract is truly void rather than merely voidable, rescissible, unenforceable, or breached is a legal question. Calling an agreement “void” does not make the action imprescriptible.

Some family actions do not prescribe

Under Republic Act No. 8533, an action or defense for the declaration of absolute nullity of marriage does not prescribe. This does not mean every family-law remedy is imprescriptible. Annulment of a voidable marriage, legal separation, filiation, support, property relations, and succession issues follow their own rules.

See Republic Act No. 8533 and the Rule on Declaration of Absolute Nullity and Annulment of Voidable Marriages.

Registered land requires careful classification

Section 47 of Presidential Decree No. 1529 provides that title to registered land cannot be acquired against the registered owner by prescription or adverse possession. But this does not make every lawsuit involving titled land imprescriptible. Actions for reconveyance, enforcement of an implied trust, annulment of a deed, damages, or enforcement of a contractual obligation may still prescribe.

Examine the certificate of title, annotations, possession, alleged trust or fraud, date of registration, and relief sought. Registration may also constitute constructive notice in circumstances recognized by law.

See Presidential Decree No. 1529.

Labor claims have special periods

Money claims arising from an employer-employee relationship generally must be filed within three years from accrual under Article 306 of the Labor Code. Illegal-dismissal complaints generally prescribe in four years as actions involving injury to rights under Article 1146 of the Civil Code.

Claims for wages, benefits, separation pay, illegal dismissal, unfair labor practice, and contractual benefits should not automatically be placed under the Civil Code’s ten-year period for written contracts. The Labor Code and applicable labor procedures must be checked first.

See the Labor Code of the Philippines.

When a demand letter affects civil prescription

Article 1155 of the Civil Code recognizes three ways in which prescription of an appropriate civil action may be interrupted:

filing the action in court;
a written extrajudicial demand by the creditor; or
a written acknowledgment of the debt by the debtor.

Supreme Court decisions have explained that a qualifying written demand or acknowledgment may cause the prescriptive period to run anew. But this rule should not be treated as universal.

A demand may fail to protect the claim if:

the special law provides a different tolling rule;
the demand was oral;
its contents do not clearly demand performance;
the sender cannot prove delivery or receipt;
the period had already expired;
the remedy is governed by a separate procedural deadline; or
the claim is not the type of obligation covered by Article 1155.

Preserve the signed demand, attachments, proof of service, delivery records, acknowledgment, replies, and any written admission or payment arrangement. Do not rely on a demand letter as a substitute for timely filing unless its legal effect has been confirmed.

Effect of barangay conciliation

When Katarungang Pambarangay proceedings are legally required, prior barangay conciliation is generally a condition before filing in court or another government office.

Under Section 410(c) of the Local Government Code, filing the complaint with the punong barangay interrupts the prescriptive period while the dispute is under mediation, conciliation, or arbitration. The period resumes upon the complainant’s receipt of the applicable complaint, certificate of repudiation, or certification to file action. The statutory interruption cannot exceed 60 days from filing with the punong barangay.

This is a limited protection. Do not assume that barangay proceedings create a new full prescriptive period or hold the deadline indefinitely. Obtain and preserve:

the barangay-stamped complaint;
summonses and notices;
attendance records;
any settlement or repudiation;
the certification to file action; and
proof of the date the certification was received.

The Local Government Code also contains exceptions to mandatory barangay conciliation, including certain disputes involving the government, official functions, parties from different localities, serious offenses, and situations requiring urgent legal action. Review Sections 399–422 of Republic Act No. 7160.

Criminal cases under the Revised Penal Code

Articles 90 and 91 of the Revised Penal Code provide these general periods:

Offense as classified by the penalty prescribed by law	Prescriptive period
Punishable by death, reclusion perpetua, or reclusion temporal	20 years
Punishable by another afflictive penalty	15 years
Punishable by a correctional penalty	10 years
Punishable by arresto mayor	5 years
Libel or another similar offense	1 year
Oral defamation or slander by deed	6 months
Light offense	2 months

If the statutory penalty is compound, the highest penalty is used for the classifications in the first three rows. Amendments affecting the penalty, the date of the offense, and rules favorable to the accused may materially affect the calculation.

Under Article 91:

the period generally begins when the crime is discovered by the offended party, the authorities, or their agents;
filing the complaint or information interrupts prescription;
the period may run again if proceedings end without conviction or acquittal, or are unjustifiably stopped for a reason not attributable to the accused; and
the period does not run while the offender is absent from the Philippines.

See Articles 89–93 of the Revised Penal Code.

Current rule for cyberlibel

The Supreme Court has ruled that cyberlibel prescribes in one year from discovery by the offended party, the authorities, or their agents. Merely posting material online does not automatically create a presumption that the offended party discovered it on the publication date.

The Court denied reconsideration with finality in April 2026. See Causing v. People, G.R. No. 258524.

Offenses under special laws and ordinances

First check whether the special penal law states its own prescriptive period. If it does not, Act No. 3326 generally supplies the following periods:

Penalty under the special law	General period under Act No. 3326
Fine only, imprisonment of not more than 1 month, or both	1 year
Imprisonment of more than 1 month but less than 2 years	4 years
Imprisonment of at least 2 years but less than 6 years	8 years
Imprisonment of at least 6 years	12 years
Violation of a municipal or city ordinance	2 months

The statute contains additional provisions and has been amended; the special law governing the particular offense may provide a different period.

Act No. 3326 generally counts from commission when the violation was known, or from discovery when it was not known at the time. Determining “discovery” can depend on actual or constructive notice, public records, concealment, and the offense’s particular elements.

See Act No. 3326.

What criminal filing currently interrupts prescription

Under Rule 110, criminal actions are instituted through the complaint or information in the manner prescribed by the Rules. In 2025, the Supreme Court held prospectively that filing a criminal complaint before the DOJ or the proper prosecution office tolls prescription even for offenses covered by the Rules on Expedited Procedures in the First Level Courts. Earlier rulings requiring court filing for such offenses were abandoned prospectively on that point.

See People v. Consebido, G.R. No. 258563, April 2, 2025.

This does not mean every police blotter, NBI report, private demand, platform report, or complaint to an unrelated agency stops prescription. File with the legally proper prosecution office or court and retain a stamped or electronic acknowledgment showing the exact date and time.

Prescription is not the same as an appeal deadline

Once a court or agency has issued a decision, a much shorter procedural period may control. Examples include:

an ordinary civil appeal, generally within 15 days from notice;
a criminal appeal, generally within 15 days from promulgation or notice, as applicable;
a Rule 65 petition, generally within 60 days from notice of the challenged act or from notice of the denial of a timely motion for reconsideration; and
special statutory appeals or administrative reviews with their own periods.

A demand letter, settlement discussion, or new complaint ordinarily does not extend an appeal period. Record the date and manner by which every judgment, resolution, or order was received and obtain legal advice immediately.

See the 2019 Amendments to the Rules of Civil Procedure.

Build a deadline worksheet

Prepare one row for every possible claim or offense:

Item	What to record
Legal basis	Exact Civil Code article, penal provision, special law, regulation, or rule
Nature of action	Contract, quasi-delict, labor claim, ejectment, criminal complaint, administrative appeal, and so on
Trigger	Due date, breach, termination, injury, discovery, registration, denial, or receipt of decision
Earliest possible start	Use the earliest date reasonably supported by the documents
Applicable period	Include shorter special periods and procedural deadlines
Tolling event	Court filing, prosecutor filing, written demand, acknowledgment, barangay filing, or another event expressly recognized by law
Proof	Received copy, registry receipt, electronic acknowledgment, affidavit, certificate, or docket entry
Conservative deadline	Date calculated without relying on a disputed exception
Filing destination	Correct court, prosecutor, tribunal, agency, or barangay

If two starting dates or legal classifications are plausible, work from the earlier date and shorter period until counsel confirms otherwise.

Evidence to preserve

Keep original files and reliable copies of:

contracts, amendments, promissory notes, checks, invoices, receipts, and account statements;
proof of due dates, maturity, delivery, nonpayment, partial payment, and written acknowledgment;
demand letters and proof of receipt;
notices of termination, denial letters, decisions, envelopes, registry notices, and email headers;
medical records, photographs, videos, CCTV requests, incident reports, and witness contact details;
land titles, deeds, tax declarations, surveys, annotations, and Registry of Deeds certifications;
barangay complaints, notices, minutes, settlements, and certificates to file action;
prosecutor or court filing acknowledgments and docket numbers; and
for online incidents, original URLs, usernames, timestamps, screenshots showing context, downloaded copies, messages showing the date of discovery, and platform reports.

Do not alter original digital files. A screenshot alone may omit metadata, surrounding context, privacy settings, or proof identifying the account holder.

Common mistakes

Applying the ten-year period for written contracts without checking a special law.
Counting from the document’s signing date when the cause accrued later—or assuming a later date without legal support.
Treating every fraud allegation as subject to a discovery rule.
Assuming repeated consequences make an old act a continuing violation.
Relying on verbal demands or unrecorded negotiations.
Assuming mediation or settlement talks automatically suspend prescription.
Treating a police blotter or agency inquiry as the filing of a criminal action.
Waiting for an investigation to finish when the prescriptive period is short.
Filing against the wrong party and adding the correct defendant only after the deadline.
Confusing the substantive prescriptive period with an appeal, protest, or reconsideration deadline.
Assuming every case involving registered land or a void agreement is imprescriptible.
Waiting until the last day, when jurisdiction, filing fees, verification, attachments, electronic transmission, or office closures may cause problems.

When legal help is urgent

Seek immediate advice from a Philippine lawyer, the Public Attorney’s Office if qualified, or the appropriate legal-aid office when:

the possible period is one year, six months, or two months;
fewer than 90 days may remain under any plausible computation;
a judgment, dismissal, termination notice, assessment, or agency decision has been received;
the matter involves ejectment, defamation, cyberlibel, a dishonored check, employment termination, or an expiring government remedy;
the correct date of discovery is disputed;
barangay conciliation or an administrative process is still pending near the deadline;
the responsible person is abroad or cannot be located;
documents may have been concealed, falsified, registered, or recently discovered; or
immediate protection, medical assistance, preservation of evidence, attachment, injunction, or another provisional remedy may be necessary.

Threats, violence, abuse, unlawful detention, and danger to a child require immediate protective action regardless of the eventual prescription analysis.

FAQ

Does sending a demand letter always stop prescription?

No. Article 1155 may apply to an appropriate civil obligation when there is a provable written extrajudicial demand, but special laws and procedural deadlines may follow different rules. A demand made after prescription has already completed ordinarily cannot revive the barred action by itself.

Do settlement negotiations suspend the deadline?

Not automatically. Obtain a written agreement only if the law permits tolling or waiver, and do not assume that an offer, mediation session, or promise to pay protects the claim.

Does filing at the barangay stop the clock?

When the dispute is covered by Katarungang Pambarangay, filing with the punong barangay interrupts the period only under the conditions in Section 410(c) of the Local Government Code and for no more than 60 days. Preserve the filing and receipt dates.

Is a police blotter enough for a criminal case?

Do not rely on it. A blotter records an incident but is not necessarily the complaint or information that legally interrupts prescription. File with the proper prosecution office or court as required.

Does the small-claims procedure create a different prescriptive period?

Generally, no. Small claims rules simplify procedure; they do not ordinarily enlarge the substantive period governing the underlying debt or contract.

Can a case still be filed after the apparent deadline?

A pleading may physically be accepted, but the claim can still be dismissed as prescribed. There may be a legitimate dispute about the governing law, accrual, discovery, interruption, or an imprescriptible remedy, but those issues require document-specific analysis. In criminal cases, prescription may extinguish criminal liability.

What if the exact breach or discovery date is uncertain?

Collect all documents that could establish the earliest and latest dates. Calculate conservatively from the earliest plausible date and seek legal advice promptly. The party relying on a later discovery date may need evidence showing when knowledge was actually obtained.

Official references

This article provides general legal information, not legal advice or a definitive computation for a particular case. Prescription depends on the exact allegations, documents, dates, governing law, and procedural history. Primary sources and current procedures were checked as of 3 August 2026.