Statute of Limitations for Theft Cases in the Philippines
All You Need to Know

1. Overview of Theft Under Philippine Law

The crime of theft in the Philippines is primarily governed by Articles 308 to 311 of the Revised Penal Code (RPC). Theft is committed when a person, with intent to gain but without the use of violence or intimidation, takes the personal property of another without the latter’s consent. The penalty for theft depends chiefly on the value of the property taken (along with certain aggravating circumstances, if any).

2. What is “Statute of Limitations”?

In criminal law, the “statute of limitations” (often referred to in the Philippines as “prescription of crimes”) is the time limit within which the State must begin criminal prosecution against a suspected offender. Once this period lapses without a proper complaint or information being filed in court, the State loses the right to prosecute the accused for that offense.

Under Philippine law, the rules on prescription of crimes (or the statute of limitations) are primarily found in Articles 90 and 91 of the Revised Penal Code, which outline:

How long specific crimes prescribe, based on their corresponding penalties.
When the prescriptive period starts and how it may be interrupted.

3. Penalties for Theft and Corresponding Prescriptive Periods

The penalty for theft varies depending on the value of the stolen property. This matters because the prescriptive period for the crime is tied to the classification of the penalty (afflictive, correctional, or arresto mayor) imposed by law.

Below is a simplified breakdown:

More than PHP 22,000
- Penalty: Prisión mayor in its maximum period (afflictive penalty)
- Prescriptive Period: 15 years
More than PHP 12,000 but not exceeding PHP 22,000
- Penalty: Prisión mayor in its minimum and medium periods (afflictive)
- Prescriptive Period: 15 years
More than PHP 600 but not exceeding PHP 12,000
- Penalty: Prisión correccional in its medium and maximum periods (correctional)
- Prescriptive Period: 10 years
More than PHP 50 but not exceeding PHP 600
- Penalty: Can range from arresto mayor in its medium period up to prisión correccional in its minimum period.
- This range can affect the prescriptive period:
  - If the penalty is arresto mayor, the prescriptive period is 5 years.
  - If the penalty is prisión correccional, the prescriptive period is 10 years.
More than PHP 5 but not exceeding PHP 50
- Penalty: Arresto mayor in its full extent
- Prescriptive Period: 5 years
Less than PHP 5
- Penalty: Usually arresto mayor in its minimum and medium periods (still generally an arresto mayor penalty)
- Prescriptive Period: 5 years

Important Note:

The above classifications stem from Article 309, Revised Penal Code, and subsequent legal provisions.
The exact penalty within the outlined range will depend on the final valuation of the stolen item(s), as proven in court, as well as any modifying circumstances.

4. General Rules Under Articles 90 and 91, Revised Penal Code

Article 90 (Prescription of Crimes)
- 20 years: Crimes punishable by reclusión temporal, reclusión perpetua, or death.
- 15 years: Crimes punishable by other afflictive penalties (e.g., prisión mayor).
- 10 years: Crimes punishable by correctional penalties (e.g., prisión correccional).
- 5 years: Crimes punishable by arresto mayor.
- 1 year: Libel or other similar offenses.
- 6 months: Oral defamation and slander by deed.
- 2 months: Light offenses (such as slight physical injuries, alarm and scandal, etc.).
Article 91 (Computation of Prescription of Offenses)
- The prescriptive period commences to run 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 in court (or with the appropriate office if preliminary investigation is required). Once interrupted, the prescriptive period starts to run anew if the proceedings are terminated without the accused being convicted or acquitted (for instance, if the case is dismissed without prejudice).

5. When Does the Prescriptive Period Start?

Under Article 91, the clock starts running from:

The day the crime is discovered by the offended party, the law enforcement agencies, or their agents, if the offender is unknown; or
The day the offender is identified, if the offender becomes known after the commission of the crime.

In practice, discovery often coincides with the time the victim realizes the loss and/or the police become aware of the incident. This is crucial because if the theft remains undiscovered for a long time, the prescriptive period will only begin once it is actually discovered (and not from the actual date of theft, if the offender was unknown during that time).

6. Interruption of the Prescriptive Period

Filing a formal complaint or information against the accused interrupts the running of the prescriptive period. Specifically:

If a complaint is filed for preliminary investigation (e.g., at the prosecutor’s office), it interrupts prescription if it leads to the filing of the case in court.
If the proceedings end without a final judgment (e.g., the case is dismissed without prejudice), prescription resumes running as if no complaint or information had been filed.

In other words, any valid judicial or prosecutorial act that properly initiates a case or pursues prosecution stops the clock temporarily. If the case is definitively dismissed, the time that elapsed while the case was pending is generally not counted against the State. But if the dismissal is without prejudice (i.e., the prosecution can re-file the case), the prescriptive period will begin to run again.

7. Distinguishing Criminal from Civil Liability Prescription

It is also important to distinguish between:

Prescription of the criminal action (criminal liability)
Prescription of civil actions (civil liability)

Under Philippine law, the prescription of the civil liability arising from a crime can follow different rules under the Civil Code (e.g., contracts, quasi-delicts, obligations, etc.). However, when the civil liability is based directly on the offense (i.e., ex delicto), it typically follows the fate of the criminal action. Once the criminal action prescribes, the strictly criminal aspect and the corresponding ex delicto civil liability also prescribe.

Nevertheless, a separate civil action based on other provisions of law (e.g., quasi-delict under the Civil Code) may have different prescriptive periods, which could allow recovery of damages even if the criminal case for theft can no longer be prosecuted.

8. Common Practical Issues

Determination of Value of the Stolen Item
- The theft’s penalty class—and thus the prescriptive period—depends heavily on the property’s value. The prosecution (or complaining party) typically presents receipts, appraisals, or expert testimony to establish the amount.
- If the value changes the classification from arresto mayor to prisión correccional or to prisión mayor, it correspondingly changes the prescriptive period.
When the Offender is Unknown
- If a theft goes unsolved for many years and the offender is only identified later, the prescriptive period starts upon “discovery” in the sense of knowledge of the culprit’s identity. However, once a suspect is known or identifiable, the prescription clock runs unless interrupted by a proper complaint or information.
Dismissals and Refiling
- If the case was dismissed on technical grounds or procedural defects, the State may still refile if within the prescriptive period. Practitioners must be cautious with deadlines to avoid losing the right to prosecute.
Continuing or “Continuous” Offenses
- Sometimes, questions arise about whether theft can be considered a continuing offense (for instance, repeated taking of goods as part of a series). Generally, each separate act of theft is treated distinctly unless the law specifically views it as a single continuing offense (e.g., “continuing crime” or delito continuado under certain circumstances). The prescriptive period typically applies to each discrete act of theft, starting from its own point of discovery.

9. Key Takeaways

Theft is punished according to the value of the stolen property, and this valuation dictates whether the penalty is prisión mayor (prescriptive period: 15 years), prisión correccional (10 years), or arresto mayor (5 years).
Prescriptive periods are governed by Articles 90 and 91 of the Revised Penal Code, which provide a clear breakdown of time limits based on the penalty classification.
The prescriptive period commences from the day the theft is discovered by the victim or by the authorities, particularly when the offender’s identity is unknown at first.
Filing a complaint or information in court interrupts the prescriptive period. If the case is dismissed without prejudice, prescription begins to run anew.
Separate civil actions may or may not prescribe independently, depending on whether they are based on the crime itself (ex delicto) or some other legal basis (e.g., quasi-delict).

10. Conclusion

Understanding the statute of limitations (prescription) for theft in the Philippines is crucial for both complainants and accused persons. The value of the stolen property and the penalty classification are the critical factors that determine whether the prescriptive period is 5 years, 10 years, or 15 years. Equally important is knowing when the clock starts—which generally hinges on the date of discovery and identification of the offender—and the ways the clock can be paused or restarted.

As the rules can become nuanced (particularly in borderline valuations or cases of procedural dismissals), it is prudent for anyone involved in a theft case—whether as a potential complainant or an accused—to seek professional legal advice for guidance on how prescription applies in their particular situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns regarding theft, its penalties, or the applicable prescriptive period, always consult a qualified Philippine attorney or the appropriate legal authority.