Prescription Period for Light Felonies Under Summary Procedure in the Philippines
(A general legal overview; not intended as legal advice.)

1. Introduction

In Philippine criminal law, the concept of “prescription of offenses” refers to the lapse of a statutory period after which the State can no longer prosecute a crime. For light felonies, both the Revised Penal Code (RPC) and the relevant procedural rules set forth how and when these offenses prescribe. This article focuses on the prescription period for light felonies within the context of the Revised Rules on Summary Procedure in the Philippines.

2. Definition of Light Felonies

Under Article 9 of the Revised Penal Code, light felonies are those infractions punishable by:

Arresto menor (which ranges from 1 day to 30 days),
A fine not exceeding the minimum amount stated by law (originally not more than 200 pesos under the old RPC text, though monetary thresholds can be subject to legislative or jurisprudential adjustments),
Or both.

Examples of light felonies under the RPC include (but are not limited to) slight physical injuries, malicious mischief involving small amounts, theft of small value, and other offenses whose principal penalty does not exceed arresto menor.

3. 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).

4. 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.).

5. 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).

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

Disclaimer:
This overview is for general informational purposes only and does not constitute legal advice. Laws, rules, and jurisprudential interpretations can change. For specific concerns, consult a qualified Philippine lawyer or the appropriate government office (e.g., Public Attorney’s Office, local prosecutor’s office).