Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1755)
The main purpose of Presidential Decree No. 1755 is to amend Article 1146 of the Civil Code to set a specific prescriptive period for actions arising from acts, activities, or conduct of public officers under Martial Law, requiring that such actions be brought within one year.
Article 1146 of the Civil Code of the Philippines is amended by Presidential Decree No. 1755.
The prescriptive period for such actions is one (1) year from the time the cause of action arises.
The general prescriptive period is four (4) years for actions upon injury to the rights of the plaintiff and upon quasi-delict.
Actions upon injury to the rights of the plaintiff and actions upon a quasi-delict must be instituted within four years.
PD No. 1755 takes effect immediately from the date of its promulgation, which is December 24, 1980, implying prospective application unless otherwise specified.
The decree was enacted during the transition from Martial Law to a state of normalcy, necessitating the immediate and expeditious settlement of disputes, including damages against public officers for acts done under Martial Law.
Individuals who feel aggrieved by the actions, activities, or conduct of public officers exercising powers under Martial Law have the authority to institute such actions.
No, it specifically applies to actions arising from any act, activity, or conduct of public officers involving the exercise of powers or authority under Martial Law, including arrest, detention, and/or trial related to Martial Law.
Such an action must be filed within one (1) year from the time the cause of action arose, according to the amended Article 1146 under PD No. 1755.