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Prospective & Retroactive
Statutes
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Prospective Application
1. Prospective Statute
2. Rule & Exception
3. Presumption Against Prospectivity
4. Maxims about the Prospectivity
5 Applications (Judicial Decisions and Statutes)
6. Words or phrase indicating prospectivity
7. Cases to Illustrate Prospective Application
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RULE & EXCEPTION
General rule:
Statutes should be construed as having onlyprospective operation
Exception:
Unless the legislature intended to apply aretroactive effect. This is expressly or impliedly
from the language used.
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Presumption Against Prospectivity
Article 4 of the Civil Code
“Laws shall have no retroactive effect, unless
the contrary is provided.”
Article 256 of the Family Code
“This Code shall have retroactive effect insofar
as it does not prejudice or impaired vested oracquired rights in accordance with the CivilCode or other laws.”
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Maxims
A. The law looks forward, not backward.
B. The law provides for the future, the judge forthe past.
C. A new law should affect the future, not thepast.
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Judicial Decision
People vs Butchoy de la Torre and Fe de laTorre
ISSUE: Whether or not Fe de la torre is as a co-principal for indispensable cooperation in thecommission of the crime by threatening BabyJane Dagot with a bladed weapon if ever saidminor refused to submit to perform a sexual
act with Butchoy de la Torre.
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Ruling:
In People v. Villamala, the Court found the
husband and wife guilty for raping their neighbor and"kumare" in this factual setting, viz: the wife visited thevictim at her home on the pretext of inquiring as to thewhereabouts of her husband. Once inside, she whistled forher husband and he immediately appeared at the doorstep.The wife then suddenly pinned her "kumare" to the floor.
The husband forcefully removed the victim's skirt andpanties, removed his shorts, placed himself on top of thevictim and consummated the rape. In the morerecent People v. Saba, the accused married couplevictimized a fourteen (14) year-old epileptic who stayed attheir home for treatment by the wife who was a reputed
healer. On the pretext of conducting a healing session, thewife ordered the victim to lie down on the floor thenpinned the victim's hands to the floor and covered hermouth while her husband removed
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Statutes
Paloma Vs MoraPetitioner Nilo Paloma was appointed General
Manager of the Palompon, Leyte Water District
by its Board of Directors in 1993. His services
were subsequently terminated by virtue ofResolution No. 8-95 dated 29 December 1995,
which was passed by respondents as Chairmanand members of the Board of the Palompon,
Leyte Water District, namely: Danilo Mora,
Hilario Festejo, Bryn Bongbong and Maxima
Salvino, respectively.
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In other statute:
Republic Act No. 9286
AN ACT FURTHER AMENDING PRESIDENTIAL DECREE NO.198, OTHERWISE KNOWN AS "THE PROVINCIAL WATERUTILITIES ACT OF 1973", AS AMENDED
Approved: April 2, 2004
Sec. 2.Section 23 of Presidential Decree No. 198, as amended,
is hereby amended to read as follows:Sec. 23.The General Manager. — At the first meeting of the Board,or as soon thereafter as practicable, the Board shall appoint, bya majority vote, a general manager and shall define his dutiesand fix his compensation. Said officer shall not be removed
from office, except for cause and after due process.
Sec. 5.Effectivity Clause. — This Act shall take effect upon itsapproval.
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The court dismissed the petition and ruled:Unfortunately for petitioner, Rep. Act No. 9286 issilent as to the retroactivity of the law topending cases and must, therefore, be taken tobe of prospective application. The general rule isthat in an amendatory act, every case of doubt
must be resolved againstits retroactive effect. Sincethe retroactive application of a law usuallydivests rights that have already becomevested, the rule in statutory construction is that
all statutes are to be construed as having only aprospective operation unless the purpose andintention of the legislature to give them aretrospective effect is expressly declared or isnecessarily implied from the language used.
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There are two conflicting statutes:
Section 23 of P.D. No. 198 amended by P.D.No. 768 on 15 August 1975:
SEC. 23.The General Manager. — At the first
meeting of the board, or as soon thereafter aspracticable, the board shall appoint, by amajority vote, a general manager and shalldefine his duties and fix his
compensation. Said officer shall serve at the pleasure of the board .
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Words or phrase indicating
prospectivity Hereafter, thereafter, take effect immediately,
shall take effect on its approval
REPUBLIC ACT NO. 9378AN ACT DECLARING THE FOURTH DAY OF FEBRUARYOF EVERY YEAR AS A SPECIAL WORKING HOLIDAY INTHE CITY OF MUNTINLUPA TO BE KNOWN AS "ARAW
NG KALAYAAN NG MUNTINLUPASECTION 2.
ThisAct SHALL take effect immediately upon its approval.
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Sample Cases
NILO PALOMA, petitioner, vs. DANILOMORA, HILARIO FESTEJO, MAXIMASALVINO, BRYN BONGBONG andVALENTINO SEVILLA, respondents.
G.R. No. 157783. September 23, 2005.]
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Sample Cases
Situs Development Corporation, et. al.-versus-Asiatrust Bank, et. Al.GR. No.180036January 16, 2013
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Sample Cases
SPOUSES MARIAN B. LINTAG and ANGELOT. ARRASTIA, VSNATIONAL POWERCORPORATION,Respondent.
G.R. No. 158609
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Retroactive Statutes
1. Prohibition of Retroactive Application
(Ex Post Facto Law & Bill of Attainders)
2.Exemption of the Rule 3. Statutes affecting Obligations of Contract
4. Police Power Legislations
5. Statutes Relating to Prescription 6. Statutes Relating to Appeals
Next
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The Constitution does not prohibit theenactment of retroactive statutes which do
not impair the obligation of contract, deprivepersons of property without due process oflaw, or divest rights which have becomevested, or which are not in the nature of ex post facto laws.
Constitution provides that no ex post factolaw shall be enacted. It also prohibits theretroactive application of penal laws whichare in the nature of ex post facto laws.BACK
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What is an Ex post facto law?
Law makes criminal an act done before the passage of the lawand which was innocent when done, and punishes such act.
Law which aggravates a crime, makes it greater than it was,when committed.
Law which changes the punishment & inflicts a greaterpunishment than that annexed to the crime when committed.
Law which alters the legal rules of evidence, authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense.
Law which assumes to regulate civil rights and remedies only,but in effect imposes penalty or deprivation of a right for
something which when done was lawful. Law which deprives a person accused of a crime of some
lawful protection to which he has become entitled, such asprotection of a former conviction or acquittal, or proclamationof amnesty BACK
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Exemption of the Rule
Law expressly provides for its retroactivity
Law is curative or remedial in Nature
Law is Procedural Law is Penal in character and favorable to the
accused
When a substantive Right is Declared for thefirst time unless vested rights are impaired
BACK NEXT
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Atienza vs. Brilliantes
243 SCRA 32 Judge Brilliantes contracted a second marriage in 1991. He had a
previous marriage celebrated in 1965 which the hereinrespondent claimed to be Void for it was wanting a valid marriagelicense.
Issue: Whether the Judicial Declaration of Nullity is necessarybefore the respondent can enter into a second marriage.
Held: The Family Code took effect on August 3, 1988. The saidCode provides for the necessity of Judicial Declaration of Nullity.
It further provides under Art. 256 “This Code shall haveretroactive effect insofar as it does not prejudice or impair vestedor acquired rights in accordance with the Civil Code or other laws
LIST OF EXEPTION
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Perla s. Zulueta vs. Asia Brewery,Inc.
GR. No. 138137
The 1997 Revised Rules of Civil Procedures which took effect onJuly 1, 1997 shortened the reglementary period to file a Petitionfor Certiorari from 90 days to 60 days.
Facts: respondent received on May 23, 1997 the order denying itsmotion for reconsideration. Under the old procedure, therespondent had 90 days from then to file its petition forcertiorari. The respondent filed its petition on Aug. 21, 1997.
Held: The petition was dismissed.
The petition should have been filed on July 22, 1997 or 60 daysafter the receipt of the order denying the motion forreconsideration. This is applying the revised rules of civilprocedure amending the reglementary period.
LIST OF EXEPTION
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Philippines vs. Felipe Delos Santos
GR. No. 121906
Facts: Delos Santos was convicted of rape with death as penaltyin September 12, 1995. In January 5, 2000 accused-appellant,Delos Reyes filed a motion to re-open his case pointing out someerroneous facts considered.
Issue: Whether the courts should re-open the case after finaldecision.
Held: Supreme Court re-opened the case. Applying the Garciadoctrine and in consonance with the ruling in People v. Gallo
when the court declared that: “……It (the Court) has the authority to suspend the execution of a
final judgment or to cause a modification thereof as and when itbecomes imperative in the higher interest of justice….”
LIST OF EXEPTION
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PEOPLE OF THE PHILIPPINES vs. SHERJOHN ARONDAINand JOSE PRECIOSO
G.R. Nos. 131864-65. September 27, 2001.]
Ruling: With the passage of Republic Act No. 8294,however, the use of an unlicensed firearm in thecommission of homicide or murder is no longer treated as aseparate offense, but only as a special aggravatingcircumstance. Moreover, under said Act, only one crime is
committed, i.e., homicide or murder with the aggravatingcircumstance of illegal possession of firearm, and only onepenalty shall be imposed on the accused. R.A. No. 8294favors the accused-appellant in the instant case since ittreats the two offenses for which he was charged only as asingle offense. Hence, the amendatory provision should be
retroactively applied to accused-appellant, who was notshown to be a habitual delinquent.
LIST OF EXEPTION
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ERNESTINA BERNABE vs. CAROLINA ALEJOas guardian ad litem for the minor ADRIAN
BERNABE
[G.R. No. 140500. January 21, 2002.]
Under the new law, an action for the recognitionof an illegitimate child must be brought within
the lifetime of the alleged parent. Article 285 ofthe Civil Code is a substantive law, as it givesAdrian the right to file his petition forrecognition within four years from attainingmajority age. Therefore, the Family Code cannotimpair or take Adrian's right to file an action forrecognition, because that right had alreadyvested prior to its enactment. LIST OF EXEPTION
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Statutes affecting Obligations
of Contract
Laws existing at the time of its execution are theones applicable to such transactions and notlater statutes, unless the latter provide that they
have retroactive effect.
Later statutes should not be given retroactiveeffect if to do so will impair the obligation of
contracts.BACK
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Statutes Relating to Appeals
A Statute which eliminates the right toappeal and considers the judgment renderedin a case final and unappealable, destroys theright to appeal a decision rendered after thestatute went into effect but not the right toprosecute an appeal that has been perfected
before the passage of the law.
BACK
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Group 3 Members
Kate Albaladejo
Kristine Jean Santiago Bacala
James Bernard Calo
Kent Francesco Jongoy
Erika Baje Jumalon
Bev Largosa
Xavier Rey Marfa
Josef Romeo Marquez Philip James C. Tidoso