Amendment to Article 1146 of Civil Code

December 24, 1980

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; cdt

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 Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year."

2. This Decree takes effect immediately.

DONE in the City of Manila, this 24th day of December, in the year of Our Lord, Nineteen Hundred and Eighty.

Published in the Official Gazette, Vol. 77 No. 4 Page 450 on January 26, 1981.

Published in the Official Gazette, Vol. 78 No. 9 Page 888 on March 1, 1982.