Article 90Prescription of crimes
ELI5— what this means for you
Prescription of crimes (the deadline to file a case): crimes punishable by death/reclusion perpetua = 20 years. Reclusion temporal = 15 years. Other afflictive penalties = 10 years. Correccional penalties = 5 years. Light penalties = 1 year. Libel = 1 year.
Key point
If the government doesn't file a case within the prescriptive period, the crime can no longer be prosecuted.
Official text — Act No. 3815
Prescription of crimes.
-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 two years.
The offenses 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.
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