Prescription of Offenses

Prescription of offenses is necessary in order to know if there is still time to file a case against a person. Once a case has prescribed, you can no longer file against another person. According to Article 91 of the Revised Penal Code:

"The period of prescription shall commence to run from the day on which the crime is DISCOVERED by the offended party, the authorities, or their agents, and shall be interrupted by filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him."

Besides, filing of complaint with prosecutor's office or MTC for purposes of preliminary investigation interrupts the running period of prescription of offense charged. In the case of Republic vs. Desierto, the Supreme Court ruled that:

"If the commission of the crime is known, the prescriptive period shall commence to run on the day it was committed, but in cases where the time of commission is unknown, prescription shall run from its discovery and institution of judicial proceedings for its investigation and punishment."

...prescription of offenses...