- Statute
- Revised Penal Code
- Article
- Art. 90
- Topic
- Prescription of crime
- Status
- In force
- Year
- 1930
- Cited by
- Multiple Supreme Court decisions
The provision
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.)
Intellegal Wiki · In plain terms
Criminal liability is extinguished by prescription after periods that depend on the penalty — crimes punishable by death, reclusion perpetua, or reclusion temporal in twenty years; other afflictive penalties in fifteen; correctional penalties in ten (arresto mayor excepted, five). Once the period lapses, the State can no longer prosecute. The heavier the penalty, the longer the period.
An editorially maintained plain-language explanation of this provision — not legal advice.
Key points
Article 90 fixes the prescriptive periods for crimes — the time after which the offense can no longer be prosecuted. Crimes punishable by death, reclusion perpetua, or reclusion temporal prescribe in twenty years; other afflictive penalties in fifteen years; correctional penalties in ten years (except those punishable by arresto mayor, which prescribe in five).
Special shorter periods apply to defamation: libel and similar offenses prescribe in one year, oral defamation and slander by deed in six months, and light offenses in two months. The one-year libel period is frequently litigated in defamation and cyberlibel cases. The article is read with Article 91 on how the period is computed.
Cases applying this article
- People v. Abuy G.R. No. L-17616
- Rudolfo S. Magat v. People G.R. No. 92201