Dear Attorney,

I would like to ask for advice regarding a trespassing issue on my property. I need to know the legal timeframe for filing a case in the Philippines, as the trespassing occurred a while ago. Could you kindly provide guidance on the prescriptive period for such a case?

Thank you.

Sincerely,
Concerned Property Owner

Insights

Under Philippine law, trespassing is treated as a violation of property rights, and the prescriptive period to file a complaint depends on the nature of the trespass.

Trespassing can generally fall under two broad categories: criminal trespassing or civil trespassing.

Criminal Trespassing:
In the criminal context, trespassing is considered as a light felony under the Revised Penal Code, particularly under Article 281. The prescriptive period for filing criminal charges is typically two months (60 days), as it is classified as a light felony. This means that if the trespassing incident took place more than two months ago, a criminal case may no longer be pursued unless there are exceptional circumstances that could toll the prescription.
Civil Trespassing:
If the issue is about protecting one's property rights, such as preventing future trespasses or recovering damages for harm caused by the trespass, a civil case can be filed. For civil cases, the prescriptive period is generally four years from the time the cause of action accrued, which is typically when the trespass first occurred.
Additional Considerations:
In some instances, if the trespassing results in continuous harm or injury, it may be considered a "continuing trespass," where prescription may not begin to run until the trespass has ceased. Consulting a lawyer is essential to determine the specific facts and how the law applies to your situation.

In any legal matter, especially those involving property disputes, it is always best to seek legal advice early to avoid missing crucial deadlines.