SC Overturns Rulings on Criminal Prescription Period

By Gerome Dalipe IV

In a landmark decision, the Supreme Court (SC) has reversed its earlier rulings and clarified that the prescriptive period for prosecuting crimes halts once a complaint is filed with the Department of Justice (DOJ), rather than when the case is filed in court.

Associate Justice Henri Jean Paul B. Inting authored the decision, which abandoned the 2023 precedents set in the cases of Republic v. Desierto and Corpus, Jr. v. People.

The ruling marked a victory for complainants and prosecutors, particularly in cases involving minor offenses.

Under the new interpretation, even crimes such as traffic violations or ordinance breaches—and offenses punishable by up to one year of imprisonment—benefit from the prescriptive period being tolled at the moment a complaint is lodged with the DOJ.

This decision came on the heels of the 2022 Rules on Expedited Procedures in the first level courts, which expanded coverage to include a broader range of criminal offenses, including those carrying penalties of up to PHP 50,000 in fines or one year in jail.

In a press statement released recently through the Office of the Spokesperson, the Supreme Court emphasized that complainants should not suffer from delays that are beyond their control.

“It is unjust to deprive the injured party of the right to obtain vindication on account of delays that are not under [their] control. All that the victim of the offense may do on [their] part to initiate the prosecution is to file the requisite complaint,” the SC said.

Essentially, the ruling also reshapes the timelines of criminal litigation, ensuring that strategic legal delays or protracted investigations can no longer be exploited to evade justice.