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Article 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. (As amended by Republic Act No. 4661, approved June 19, 1966.)


NOTES:

In computing for the period, the first day is excluded and the last day included. Period is subject to leap years.

When the last day of the prescriptive period falls on a Sunday or a legal holiday, the information can no longer be filed the following day.

Simple slander prescribes in 2 months and grave slander in 6 months.

Since destierro is a correctional penalty, it prescribed in 10 years. For afflictive penalties, the period is 15 years.

If it is a compound penalty, the basis will be the highest penalty.

If fine is an alternative penalty (imposed together with a penalty lower than the fine, the fine shall be the basis.

Prescription begins to run from the discovery thereof. It is interrupted when proceedings are instituted and shall begin to run again when the proceedings are dismissed.

If an accused fails to move to quash before pleading, he is deemed
to have waived all objections, except if the grounds are:
1. facts charged do not constitute an offense
2. court has no jurisdiction
3. criminal action or liability has been extinguished
4. The averments, if true, would constitute a legal excuse or justification (See Rule 117, Sec 9, RoC)

Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him.

Note: The filing of the criminal complaint before the DOJ, even if it involves offenses that may be covered by the 2022 Rules on Expedited Procedures in the First Level Courts, shall toll the running of the prescriptive period.

General Rule on Prescription of Light Felonies Under the Revised Penal Code

Article 90 of the Revised Penal Code clearly provides the prescriptive periods for offenses:

Crimes punishable by death, reclusion perpetua, or reclusion temporal prescribe in 20 years.
Crimes punishable by other afflictive penalties prescribe in 15 years.
Crimes punishable by correctional penalties prescribe in 10 years.
Crimes punishable by arresto mayor prescribe in 5 years.
Libel or other similar offenses prescribe in 1 year.
Oral defamation and slander by deed prescribe in 6 months.
Light offenses prescribe in 2 months.

Hence, under the Revised Penal Code, light felonies prescribe in 2 months—meaning that, after 2 months from the time the offense was either discovered or could have been discovered by the offended party, the State can no longer initiate criminal prosecution for that offense (subject to nuances on how this period is computed, as discussed below).

Coverage by the Revised Rules on Summary Procedure
The Revised Rules on Summary Procedure (as last amended by the Supreme Court in A.M. No. 08-8-7-SC and succeeding amendments) govern the procedure in criminal cases where the penalty does not exceed six (6) months of imprisonment or a fine not exceeding ₱1,000, or both (regardless of other penalties like community service or restitution that may be imposed).

Because many light felonies carry penalties of arresto menor (i.e., up to 30 days of imprisonment), such offenses typically fall within the jurisdiction of the courts under summary procedure—meaning the courts use a streamlined process (no preliminary investigation at the prosecutor’s level, simplified
 presentation of evidence, etc.).

 Computing the Prescriptive Period
A. When the Period Starts to Run
Under Article 91 of the RPC, the period of prescription begins to run:

From the day on which the crime is discovered by the offended party, the authorities, or their agents, provided the offender is known.
If the offender is not known, the prescription begins from the day the identity of the offender is established through official investigation or other means that place the offended party or the authorities on notice.
For light felonies specifically:

The 2-month clock typically starts on the date the offended party learns of the commission of the crime and knows the identity of the offender.
If, on the day of commission, the offended party already knows who committed the offense, prescription begins on that same day.
B. Interruption of the Prescriptive Period
Article 91 also clarifies that:

“The period of prescription shall be interrupted by the filing of the complaint or information…”

Once a valid complaint or information is timely filed in court (or with the proper prosecutor’s office, if required), the running of the prescriptive period stops (i.e., it is “tolled”). However, if the complaint is later dismissed for reasons not attributable to the accused (e.g., a fatal procedural defect), and the case is refiled outside the 2-month prescriptive window, then the offense is deemed prescribed.

C. Distinction Between Filing in Court vs. Filing in the Prosecutor’s Office
For cases falling under the Revised Rules on Summary Procedure, the complaint is often filed directly in court—bypassing the usual preliminary investigation by a prosecutor for less serious offenses. This direct filing in the court interrupts the running of the prescriptive period.

If the rules require the complaint to be filed first with the Lupon Tagapamayapa (for certain barangay conciliation matters), the period does not stop until it is elevated to the proper court or prosecutor after mandatory conciliation.

The key rule: Prescription is interrupted only by the filing of the case in the forum with authority to act on it (i.e., the court that has jurisdiction, or the office of a prosecutor if preliminary investigation is required).

Practical Implications Under Summary Procedure
Strict Timelines
Because light felonies prescribe in only 2 months, any delay in filing the complaint can result in the outright loss of the State’s right to prosecute. Victims or complainants must be mindful of the short timeline.

Barangay Conciliation Requirements
In many instances (especially in offenses involving neighbors or relatives, or minor property disputes), barangay conciliation proceedings are required under the Katarungang Pambarangay Law (Presidential Decree No. 1508, later integrated into the Local Government Code). The time spent in these mandatory conciliation proceedings generally does not interrupt prescription unless the law specifically provides otherwise. Therefore, the complainant must act diligently to ensure the claim is elevated to the proper court before the 2-month period lapses, if conciliation fails.

Direct Filing in Court
Under the Revised Rules on Summary Procedure, for offenses punishable by up to 6 months’ imprisonment or a fine not exceeding ₱1,000, the complaint is filed directly in court. This simplified route is designed to expedite proceedings. However, a misstep in filing or lack of awareness of the short 2-month window can result in prescription lapsing.

Effect of Dismissal and Refiling
If a complaint is dismissed without the fault of the accused (e.g., due to procedural irregularities or filing in the wrong venue), and the 2-month prescriptive period has passed by the time the prosecution attempts to refile, the court generally loses jurisdiction to try the offense. The timely interruption of prescription is crucial.

Landmark Principles and Jurisprudence
While there may not be a single “leading” Supreme Court decision specifically titled “Light Felonies Under Summary Procedure,” the Supreme Court has repeatedly emphasized the following general principles applicable to the prescription of all offenses:

Strict Construction in Favor of the Accused: Prescription statutes are strictly construed in favor of the accused because they involve the State’s right to prosecute.
Duty to Exercise Due Diligence: The burden is on the State (through prosecutors and complainants) to ensure that complaints are filed within the statutory period.
Knowledge of Identity of the Accused is Key: Prescription only begins to run once the offended party knows both the commission of the crime and the identity of the offender.
These principles, taken together, underscore why practitioners and laypersons must be vigilant about time limits, especially the short 2-month period for light felonies.

Summary of Key Points
Light felonies under the RPC are punishable by arresto menor (1 to 30 days), a small fine, or both.
As a general rule in the Revised Penal Code, light felonies prescribe in 2 months (Article 90, RPC).
The prescriptive period begins from the day the offended party or the authorities learn of the offense and the offender’s identity (Article 91, RPC).
Filing of a complaint or information within the 2-month window interrupts prescription, but only if filed before the court or body authorized to act on it.
Many light felonies fall within the Revised Rules on Summary Procedure, meaning direct filing in court (no preliminary investigation) and a simplified trial process.
Mandatory barangay conciliation procedures (where applicable) do not automatically toll prescription unless the law explicitly so provides. Complainants must remain alert to avoid prescription lapsing before filing in court.
Once the prescriptive period lapses, the State loses the right to prosecute, and the court loses jurisdiction over the offense.

Practical Tips
Act Promptly: If you believe you have been a victim of a light felony, file your complaint promptly—well before the 2-month cutoff.
Verify Proper Filing Procedures: For minor offenses under summary procedure, ensure you file directly in the Municipal Trial Court or Municipal Trial Court in Cities (depending on territorial jurisdiction).
Check for Barangay Mediation/Conciliation Requirements: If the dispute is between parties who reside in the same city/municipality, you may be required to undergo the Katarungang Pambarangay process. Seek immediate advice on how prescription is handled during that stage.
Consult Legal Professionals: Given the strictness of prescription rules, it is wise to consult a lawyer or the local prosecutor’s office to confirm the correct venue and process.

Conclusion
The prescription period for light felonies under the Revised Penal Code is only 2 months—one of the shortest limitations periods in Philippine criminal law. When these light felonies are prosecuted under the Revised Rules on Summary Procedure, the filing process is more streamlined but also demands stricter diligence because any delay can quickly result in loss of the right to prosecute. Understanding when the prescriptive period starts, how it is interrupted, and which forum has jurisdiction is crucial to ensuring a valid and timely prosecution of these minor offenses.