Friday, March 31, 2023

Martial law years do not interrupt prescriptive period

 "6. ID.; ID.; ID.; ID.; COURT RULES THAT UNDER THE FACTUAL CIRCUMSTANCES OF THIS CASE, THE MARTIAL LAW YEARS DID NOT HAVE THE EFFECT OF INTERRUPTING THE RUNNING OF THE PRESCRIPTIVE PERIOD.— The allegations regarding their absence, the cancellation of their passports, the seizure of their resources and the incarceration of other IISMI officials had all been raised earlier in the Republic case. Not having been convinced then, neither is this Court convinced now. Raising them for the second time to compel a relitigation will not suffice to make this reverse itself. Thus, we rule that, under the factual circumstances of this case, the martial law years did not have the effect of interrupting the running of the prescriptive period."

Source - 

[G.R. No. 96921. January 29, 1993.]

DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, Petitioners, v. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., Respondents.

Office of the Government Corporate Counsel for petitioners.

Link - chanrobles.com. 

https://www.chanrobles.com/cralaw/1993januarydecisions.php?id=68