Law Summary
Scope of Actions Covered
- The prescription period of four years applies to:
- Actions upon injury to the rights of the plaintiff.
- Actions arising from quasi-delicts (acts or omissions that cause damage to another).
Special Provision for Actions Against Public Officers under Martial Law
- A special one-year prescriptive period is established for actions based on acts, activities, or conduct of public officers exercising powers under Martial Law.
- This includes actions related to arrest, detention, or trial of the plaintiff during Martial Law.
- The one-year period reflects the need for expeditious settlement of disputes arising from Martial Law implementation.
Rationale and Policy Considerations
- The decree acknowledges the transition period from Martial Law to normalcy.
- It emphasizes the need for prompt resolution of disputes arising from Martial Law to ensure stability and justice.
Effectivity Clause
- The amendatory decree took effect immediately upon promulgation on December 24, 1980.
Legal Authority
- The amendment was issued by the then-President Ferdinand E. Marcos under constitutional powers.
- It reflects executive action to address specific transitional legal concerns related to Martial Law.
Important Legal Concepts
- Prescription (or prescriptive period): The law-defined time limit within which a legal action must be initiated, failing which the right to enforce said action is extinguished.
- Quasi-delict: A tort or wrongful act not arising from a contract but causing harm or damage to another, warranting civil liability.
- Martial Law Powers: Special authorities exercised by public officers during Martial Law, including arrests and trials, distinctive from normal civil authority.