Adultery Prescription Period Philippines

Dear Attorney,

I would like to ask for clarification regarding the prescription period for filing an adultery case. I recently heard that the period has changed. Could you confirm what the current legal timeframe is for such cases?

I look forward to your guidance.

Sincerely,
A Concerned Spouse

Insights

In the Philippines, adultery is classified as a private crime under the Revised Penal Code. The prescription period refers to the timeframe during which a person can legally file a case after the commission of the crime. For adultery, the prescription period is governed by Article 90 of the Revised Penal Code, which states that crimes punishable by imprisonment of prisión correccional have a prescription period of five years.

Adultery is punishable by imprisonment ranging from prisión correccional in its medium to maximum periods, which means that the prescription period for adultery is indeed five years. This means that if five years have passed since the commission of adultery, a case can no longer be filed.

This prescription period ensures that accusations related to the crime must be brought within a reasonable timeframe, encouraging prompt action and preventing the indefinite threat of litigation. It is important to note that the prescription period begins from the day the crime is discovered, not from the day it was committed.