StatConGrp3lokkjj

8/13/2019 StatConGrp3lokkjj

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Prospective & Retroactive

Statutes



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





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.



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.”



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.



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.



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



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.



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.



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.



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 .



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.



Sample Cases

NILO PALOMA, petitioner, vs. DANILOMORA, HILARIO FESTEJO, MAXIMASALVINO, BRYN BONGBONG andVALENTINO SEVILLA, respondents.

G.R. No. 157783. September 23, 2005.]



Sample Cases

Situs Development Corporation, et. al.-versus-Asiatrust Bank, et. Al.GR. No.180036January 16, 2013



Sample Cases

SPOUSES MARIAN B. LINTAG and ANGELOT. ARRASTIA, VSNATIONAL POWERCORPORATION,Respondent.

G.R. No. 158609





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



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



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





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

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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



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



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



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



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



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







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



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

Documents

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