A Decree Amending Article 1146 Of The Civil Code
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A Decree Amending Article 1146 Of The Civil Code
Presidential Decree No. 1755
December 24, 1980
Case Overview and Summary
Summary of Presidential Decree No. 1755Amending Article 1146 of the Civil Code
- Shortens the prescriptive period for filing actions arising from the implementation of Martial Law:
• Actions arising from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law, including the arrest, detention and/or trial of the plaintiff, must be brought within one (1) year. (Section 1)
• This is an exception to the general four-year prescriptive period for actions upon injury to rights of the plaintiff or upon a quasi-delict. (Section 1)
Effectivity
• This Decree takes effect immediately. (Section 2)
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Executive Issuances
Presidential Decrees
Martial Law
Civil Code
prescriptive period
statute of limitations
public officers
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A Decree Amending Article 1146 Of The Civil Code
Presidential Decree No. 1755
•December 24, 1980
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1755
A DECREE AMENDING ARTICLE 1146 OF THE CIVIL CODE
WHEREAS, the transition from the period of Martial Law to that of normalcy in our present political situation requires the immediate and expeditious settlement of whatever disputes that may have arisen out of the proclamation of Martial Law, inclusive of actions for damages against public officers by those who feel aggrieved by the action, activity or conduct of such public officers in the implementation of Martial Law;
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree and promulgate:
1. Article 1146 of the Civil Code of the Philippines is hereby amended to read as follows:
"The following actions must be instituted within four years:
(1) Upon injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
Martial Law
Civil Code
prescriptive period
statute of limitations
public officers
arrest
detention
trial
quasi-delict
injury to rights
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1755
A DECREE AMENDING ARTICLE 1146 OF THE CIVIL CODE
WHEREAS, the transition from the period of Martial Law to that of normalcy in our present political situation requires the immediate and expeditious settlement of whatever disputes that may have arisen out of the proclamation of Martial Law, inclusive of actions for damages against public officers by those who feel aggrieved by the action, activity or conduct of such public officers in the implementation of Martial Law;
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree and promulgate:
1. Article 1146 of the Civil Code of the Philippines is hereby amended to read as follows:
"The following actions must be instituted within four years:
(1) Upon injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial...
Login to see full content