- Statute
- Revised Penal Code
- Article
- Art. 91
- Topic
- Computation of prescription of offenses
- Status
- In force
- Year
- 1930
- Cited by
- Multiple Supreme Court decisions
The provision
ARTICLE 91. Computation of prescription of offenses. - 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 the 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. The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Intellegal Wiki · In plain terms
This sets when the clock for the prescription (time-bar) of a criminal offense runs. It starts on the day the crime is discovered by the offended party, the authorities, or their agents; it pauses when a complaint or information is filed; and it resumes if those proceedings end without conviction or acquittal or are unjustifiably halted for reasons not the accused's fault. The clock also does not run while the offender is outside the Philippines.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In People v. Abuy, the Supreme Court held: Affirmed dismissal on prescription; unjust vexation, a light offense, prescribes in two months, and only filing the information for that specific offense—not a different charge—interrupts prescription under Article 91.
One leading Supreme Court case applying this provision.
Key points
Article 91 explains how the prescriptive period in Article 90 is computed. The period begins on the day the crime is discovered by the offended party, the authorities, or their agents; it is interrupted by the filing of the complaint or information; and it runs again when the proceedings terminate without conviction or acquittal, or are unjustifiably stopped for a reason not attributable to the accused.
The period does not run while the offender is absent from the Philippines. Together with Article 90, the provision determines whether a prosecution — including for libel or cyberlibel — was timely commenced.
Cases applying this article
- People v. Abuy G.R. No. L-17616
- People v. Gadon G.R. No. L-47646