A Decree Amending Article 1146 Of The Civil Code

MALACAÑANG
M 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...

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Summary of Presidential Decree No. 1755

Amending 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)