Legal Question in Criminal Law in Philippines

The prescriptive period for filing a criminal case will depend on the crime and corresponding penalties.

Under Art. 90 of the Revised Penal Code, crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in 20 years. Crimes punishable by other afflictive penalties prescribe in 15 years. Those punishable by correctional penalty prescribe in 10 years. Those punishable by arresto mayor prescribe in 5 years.

Libel shall prescribe in 1 year while oral defamation prescribes in 6 months.

Finally, light offenses prescribe in 2 months.

For felonies punished by special laws, the prescriptive period is spelled out in the law itself.