Statcon Report Final
Transcript of Statcon Report Final
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PROSPECTIVE AND
RETROACTIVE STATUTES
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Prospective and Retroactive statutes defined
Prospective Statute ndash one which operates upon facts
or transactions that occur after the statute takes
effect one that looks and applies to the future
Retroactive Statute ndash a law which creates a new
obligation imposes a new duty or attaches a newdisability in respect to a transaction already past
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Generally laws operate prospectively
ldquosound canon of statutory construction is that a STATUTE
OPERATES PROSPECTIVELY unless the legislative intent to
the contrary is made manifest either by the express terms of the
statute or by necessary implication
ldquoa statute ought not to receive a construction making it
retroactive unless the words are so clear strong and imperative
that no other meaning can be annexed to them or unless the
intention of the legislature cannot be otherwise satisfied NOCOURT WILL HOLD A STATUTE TO BE RETROACTIVE
WHEN THE LEGISLATURE HAS NOT SAID SOrdquo [emphasis
ours]
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Lex prospicit non respicit [the law looks forward not
backward]
Lex de futuro judex de praeterito [the law provides for thefuture the judge for the past]
Article 4 of the Civil Code
ldquoLaws shall have NO RETROACTIVE EFFECT
unless the contrary is providedrdquo [emphasis supplied]
Nova constitutio futuris formam imponere debet non
praeteritis [a new statute should affect the future not the past]
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Laws may be applied retroactively
1 When the law expressly provides for its retroactivity
2 When the law is curative or remedial in nature
3 When the law is procedural
4 When the law is favorable to the accused
5 When a substantive right is declared for the first timeunless vested rights are impaired
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The principle of prospectivity applies to
1 Statutes
2 Administrative rulings and circulars
3 Judicial decisions [Article 8 of the Civil Code]
Presumption against retroactivity
- In case of doubt the doubt will be resolved againstthe retroactive operation of laws
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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Repealing and Amendatory
Acts
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
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Prospective and Retroactive statutes defined
Prospective Statute ndash one which operates upon facts
or transactions that occur after the statute takes
effect one that looks and applies to the future
Retroactive Statute ndash a law which creates a new
obligation imposes a new duty or attaches a newdisability in respect to a transaction already past
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Generally laws operate prospectively
ldquosound canon of statutory construction is that a STATUTE
OPERATES PROSPECTIVELY unless the legislative intent to
the contrary is made manifest either by the express terms of the
statute or by necessary implication
ldquoa statute ought not to receive a construction making it
retroactive unless the words are so clear strong and imperative
that no other meaning can be annexed to them or unless the
intention of the legislature cannot be otherwise satisfied NOCOURT WILL HOLD A STATUTE TO BE RETROACTIVE
WHEN THE LEGISLATURE HAS NOT SAID SOrdquo [emphasis
ours]
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Lex prospicit non respicit [the law looks forward not
backward]
Lex de futuro judex de praeterito [the law provides for thefuture the judge for the past]
Article 4 of the Civil Code
ldquoLaws shall have NO RETROACTIVE EFFECT
unless the contrary is providedrdquo [emphasis supplied]
Nova constitutio futuris formam imponere debet non
praeteritis [a new statute should affect the future not the past]
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Laws may be applied retroactively
1 When the law expressly provides for its retroactivity
2 When the law is curative or remedial in nature
3 When the law is procedural
4 When the law is favorable to the accused
5 When a substantive right is declared for the first timeunless vested rights are impaired
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The principle of prospectivity applies to
1 Statutes
2 Administrative rulings and circulars
3 Judicial decisions [Article 8 of the Civil Code]
Presumption against retroactivity
- In case of doubt the doubt will be resolved againstthe retroactive operation of laws
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
7302019 Statcon Report Final
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
7302019 Statcon Report Final
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
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Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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Generally laws operate prospectively
ldquosound canon of statutory construction is that a STATUTE
OPERATES PROSPECTIVELY unless the legislative intent to
the contrary is made manifest either by the express terms of the
statute or by necessary implication
ldquoa statute ought not to receive a construction making it
retroactive unless the words are so clear strong and imperative
that no other meaning can be annexed to them or unless the
intention of the legislature cannot be otherwise satisfied NOCOURT WILL HOLD A STATUTE TO BE RETROACTIVE
WHEN THE LEGISLATURE HAS NOT SAID SOrdquo [emphasis
ours]
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Lex prospicit non respicit [the law looks forward not
backward]
Lex de futuro judex de praeterito [the law provides for thefuture the judge for the past]
Article 4 of the Civil Code
ldquoLaws shall have NO RETROACTIVE EFFECT
unless the contrary is providedrdquo [emphasis supplied]
Nova constitutio futuris formam imponere debet non
praeteritis [a new statute should affect the future not the past]
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Laws may be applied retroactively
1 When the law expressly provides for its retroactivity
2 When the law is curative or remedial in nature
3 When the law is procedural
4 When the law is favorable to the accused
5 When a substantive right is declared for the first timeunless vested rights are impaired
7302019 Statcon Report Final
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The principle of prospectivity applies to
1 Statutes
2 Administrative rulings and circulars
3 Judicial decisions [Article 8 of the Civil Code]
Presumption against retroactivity
- In case of doubt the doubt will be resolved againstthe retroactive operation of laws
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
7302019 Statcon Report Final
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
7302019 Statcon Report Final
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
7302019 Statcon Report Final
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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httpslidepdfcomreaderfullstatcon-report-final 1463
Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1663
N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
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Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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Lex prospicit non respicit [the law looks forward not
backward]
Lex de futuro judex de praeterito [the law provides for thefuture the judge for the past]
Article 4 of the Civil Code
ldquoLaws shall have NO RETROACTIVE EFFECT
unless the contrary is providedrdquo [emphasis supplied]
Nova constitutio futuris formam imponere debet non
praeteritis [a new statute should affect the future not the past]
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Laws may be applied retroactively
1 When the law expressly provides for its retroactivity
2 When the law is curative or remedial in nature
3 When the law is procedural
4 When the law is favorable to the accused
5 When a substantive right is declared for the first timeunless vested rights are impaired
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The principle of prospectivity applies to
1 Statutes
2 Administrative rulings and circulars
3 Judicial decisions [Article 8 of the Civil Code]
Presumption against retroactivity
- In case of doubt the doubt will be resolved againstthe retroactive operation of laws
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
7302019 Statcon Report Final
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
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Repealing and Amendatory
Acts
7302019 Statcon Report Final
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
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Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
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Laws may be applied retroactively
1 When the law expressly provides for its retroactivity
2 When the law is curative or remedial in nature
3 When the law is procedural
4 When the law is favorable to the accused
5 When a substantive right is declared for the first timeunless vested rights are impaired
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The principle of prospectivity applies to
1 Statutes
2 Administrative rulings and circulars
3 Judicial decisions [Article 8 of the Civil Code]
Presumption against retroactivity
- In case of doubt the doubt will be resolved againstthe retroactive operation of laws
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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httpslidepdfcomreaderfullstatcon-report-final 1463
Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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httpslidepdfcomreaderfullstatcon-report-final 1663
N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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The principle of prospectivity applies to
1 Statutes
2 Administrative rulings and circulars
3 Judicial decisions [Article 8 of the Civil Code]
Presumption against retroactivity
- In case of doubt the doubt will be resolved againstthe retroactive operation of laws
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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Repealing and Amendatory
Acts
7302019 Statcon Report Final
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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Words or phrases indicating prospectivity
-ldquohereafterrdquo or ldquothereafterrdquo
-to take effect immediately or at a fixed future date
-ldquofrom and after the passing of this actrdquo
-ldquoshall have been maderdquo
- ldquofrom and afterrdquo a designated date
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
7302019 Statcon Report Final
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
7302019 Statcon Report Final
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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Repealing and Amendatory
Acts
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
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C ASES
Prospective application
[GR No 190147 March 5 2013]
CIVIL SERVICE COMMISSION petitioner vs PILILLA WATER
DISTRICT respondent
Under Section 13 Rule V of the Omnibus Rules Implementing Book V of ExecutiveOrder No 292 and other Pertinent Civil Service Laws and CSC Resolution No 91-
1631 issued on December 27 1991
Sec 14An appointment may also be co-terminous which shall
be issued to a person whose entrance and continuity in theservice is based on the trust and confidence of the appointing
authority or that which is subject to his pleasure or co-
existent with his tenure or limited by the duration of project or
subject to the availability of funds
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
7302019 Statcon Report Final
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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Repealing and Amendatory
Acts
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
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Presidential Decree (PD) No 198 otherwise known as TheProvincial Water Utilities Act of 1973 reads
SEC 23 Additional Officers mdash At the first meeting of the boardor as soon thereafter as practicable the board shall appoint by amajority vote a general manager an auditor and an attorney andshall define their duties and fix their compensation Said officersshall serve at the pleasure of the board (Emphasis supplied)
The provision was subsequently amended by PD No 768 13
SEC 23The General Manager mdash At the first meeting of theboard or as soon thereafter as practicable the board shallappoint by a majority vote a general manager and shall definehis duties and fix his compensation Said officer shall serve atthe pleasure of the board (Emphasis supplied)
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
7302019 Statcon Report Final
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
7302019 Statcon Report Final
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Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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Repealing and Amendatory
Acts
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
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On April 2 2004 Republic Act (RA) No 9286 7 was approved and
signed into law which provides
SEC 2Section 23 of Presidential Decree No 198 as amended is herebyamended to read as follows
SEC 23The General Manager mdash At the first meeting of the Board or as soon
thereafter as practicable the Board shall appoint by a majority vote a
general manager and shall define [his] duties and fix his compensation Said
officer shall not be removed from office except for cause and after dueprocess (Emphasis supplied)
QUESTION
Whether or not the April 8 2005 appointment of Rafanan in a co-terminous
capacity was valid
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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Repealing and Amendatory
Acts
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
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PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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RETROACTIVE APPLICATION
Spouses Augusto G Dacudao and Ofelia R Dacudao vs Secretary of
Justice Raul M Gonzales of the Department of Justice GR No 188056
January 8 2013
On March 18 2009 the Secretary of Justice issued Department of
Justice (DOJ) Order No 182 (DO No 182) directing all Regional State
Prosecutors Provincial Prosecutors and City Prosecutors to forward all
cases already filed against Delos Angeles Jr et al to the Secretariat of
the DOJ Special Panel in Manila for appropriate action
DO No 182 reads2
All cases against Celso G delos Angeles Jr et al under Legacy Group
of Companies may be filed with the docket section of the National
Prosecution Service Department of Justice Padre Faura Manila and
shall be forwarded to the Secretariat of the Special Panel for assignment
and distribution to panel members per Department Order No 84 dated
February 13 2009
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
7302019 Statcon Report Final
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Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
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Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
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Statutes affecting obligation of
contracts
7302019 Statcon Report Final
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
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httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
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In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
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QUESTION
1 Did petitioners properly bring their petition for certiorari prohibition andmandamus directly to the Court
2 Did respondent Secretary of Justice commit grave abuse of discretion in issuing
DO No 182
PEOPLE OF THE PHILIPPINES vs Francisca Talaro Gregorio Talaro Norberto
Adviento Renato Ramos Rodulfo Duzon and Lolita Aquino
―Wherefore in the light of all the considerations discussed above this court
hereby finds and holds the accused Francisca Talaro Norberto (Jun) Adviento Renato
Ramos Rodolfo Duzon and Lolito Aquino guilty beyond reasonable doubt of the crime
of Murder defined and penalized under the provisions of Article 248 of the Revised
Penal Code as amended by Republic Act No 7659 and conformable thereto pursuantto law hereby imposes on each of the accused the death penalty and to pay
proportionately the costs of the proceedings
automatic review of the SC
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
7302019 Statcon Report Final
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Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
7302019 Statcon Report Final
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
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ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
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Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
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Statutes affecting obligation of
contracts
7302019 Statcon Report Final
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
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httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
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STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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Republic Act No 8177 Approved March 20 1996
AN ACT DESIGNATING DEATH BY LETHAL INJECTION AS THE
METHOD OF CARRYING OUT CAPITAL PUNISHMENT AMENDING
FOR THE PURPOSE ARTICLE 81 OF THE REVISED PENAL CODE
AS AMENDED BY SECTION 24 OF REPUBLIC ACT NO 7659
On June 30 2006 Republic Act No 9346 entitled An Act Prohibiting the
Imposition of Death Penalty in the Philippines took effect Pertinentprovisions thereof provide as follows
Section 1 The imposition of the penalty of death is hereby prohibited
Accordingly Republic Act No Eight Thousand One Hundred Seventy-Seven
(RA No 8177) otherwise known as the Act Designating Death by LethalInjection is hereby repealed Republic Act No Seven Thousand Six
Hundred Fifty-Nine (RA No 7659) otherwise known as the Death Penalty
Law and all other laws executive orders and decrees insofar as they impose
the death penalty are hereby repealed or amended accordingly
7302019 Statcon Report Final
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Statutes Given Prospective Effect
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
7302019 Statcon Report Final
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N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
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Substantive Law
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
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Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
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A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
7302019 Statcon Report Final
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
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Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
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PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1463
Statutes Given Prospective Effect
7302019 Statcon Report Final
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PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1663
N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1763
BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1863
WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2063
Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2163
Substantive Law
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2263
- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
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Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
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Statutes affecting obligation of
contracts
7302019 Statcon Report Final
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
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Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
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ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
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Repealing and Amendatory
Acts
7302019 Statcon Report Final
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
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Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
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PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
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ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
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RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
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CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
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Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1563
PENAL STATUES
General Rule ndash Shall have prospective effect
Prohibition against ex post facto law
Prohibition against bill of attainder
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1663
N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1763
BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1863
WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2063
Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2163
Substantive Law
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2263
- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
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httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
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httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
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PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
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CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
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F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
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RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
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STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
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APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1663
N ATURE OF AN EX POST FACTO LAW
Makes criminal an act done before the passage of thelaw and which was innocent when done and punishessuch act
Aggravates a crime
Changes the punishment and inflicts a greater
punishment than that annexed to the crime whencommitted
Alters the legal rules of evidence and authorizesconviction upon less or different testimony than the lawrequired at the time of the commission of the offense
Assumes to regulate civil rights and remedies only butin effect imposes penalty or deprivation of a right for something which when done was lawful
Deprives a person accused of a crime of some lawfulprotection to which he has become entitled
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1763
BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
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WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
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Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
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Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
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httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
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httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
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Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
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Statutes Given Retroactive
Effect
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
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RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
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Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
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BILL OF ATTAINDER
- is a legislative act which inflicts punishment
without judicial trial Its essence is the substitution
of a legislative for a judicial determination of guilt
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1863
WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
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Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
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Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
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By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
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Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
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A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
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A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
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Statutes affecting obligation of
contracts
7302019 Statcon Report Final
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Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
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LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
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EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
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ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
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Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
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Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
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FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1863
WHEN PENAL LAWS APPLIED RETROACTIVELY
Exception to the general rule- Penal laws may have
retroactive effect when they are favorable to an
accused who is not a habitual delinquent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2063
Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2163
Substantive Law
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2263
- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 1963
ILLUSTRATIVE CASEM ATOL V LORENZO GR NO 142675
JULY 22 2005Section 1 of PD No 1866
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition mdash The penalty of reclusion temporal in its
maximum period to reclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture deal in acquire dispose or possess any firearm part of
firearm ammunition or machinery tool or instrument used or intended to be used in
the manufacture of any firearm or ammunition
Rep Act No 8294 took effect on July 6 199 amending the sentence to be imposed
SECTION 1 Unlawful Manufacture Sale Acquisition Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition mdash The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15000)
shall be imposed upon any person who shall unlawfully manufacture deal in acquiredispose or possess any low powered firearm such as rimfire handgun 380 or 32
and other firearm of similar firepower part of firearm ammunition or machinery tool
or instrument used or intended to be used in the manufacture of any firearm or
ammunition Provided That no other crime was committed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2063
Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2163
Substantive Law
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2263
- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
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VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2063
Rep Act No 8294 can be applied retroactively
because the lowering of the imposable penalty is
favorable to the accused
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2163
Substantive Law
7302019 Statcon Report Final
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- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2163
Substantive Law
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2263
- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2263
- law which creates defines or regulates rights
concerning
a life liberty or property
b powers of agencies or instrumentalities for the administration of public affairs
As applied to criminal law substantive law
declares what acts are crimes and prescribes thepunishment for committing them
SUBSTANTIVE LAW
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
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POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2363
Ruling After examining the original complaint
the court finds that the RTC acquired jurisdiction
over the case when the case was filed before it
From the allegations thereof respondents cause of
action is for damages arising from libel the jurisdiction of which is vested with the RTC Article
360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically
designated to try a libel case Petitioners wereconfusing jurisdiction with venue Jurisdiction is a
matter of substantive law while venue is procedural
ARMAND NOCUM AND THE PHILIPPINE D AILY
INQUIRER V LUCIO T AN GR NO 145022
(SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2463
By its very nature and essence
substantive law operates prospectively
It may not be construed retroactively
without somehow affecting previousrights or obligations hence it should be
given a strict and prospective
construction in the absence of clearplain and unambiguous intent to the
contrary
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
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L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2563
Ruling From 1991 to 1996 the rule that governs finality
of judgement is Rule 51 of the Revised Rules of Court Thisrule however was amended under the 1997 Revised Rules of
Civil Procedure The court held that Section 1 Rule 39 of the
1997 Revised Rules of Procedure should not be given
retroactive effect in this case as it would result in great
injustice to the petitioner Undoubtedly petitioner has the rightto redeem the subject lot and this right is a substantive right
Petitioner followed the procedural rule then existing as well as
the decisions of this Court governing the reckoning date of the
period of redemption when he redeemed the subject lot The
manner of exercising the right cannot be changed and thechange applied retroactively if to do so will defeat the right of
redemption of the petitioner which is already vested
J AIME T AN JR V COURT OF APPEALS JOSE AND ESTRELLA
M AGDANGAL GR NO 136368 (J ANUARY 16 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2663
A statute which affects
substantive rights and not merely
procedural matters may not begiven retroactive operation so as to
govern the pending proceedings in
the absence of a clear legislativeintent
EFFECTS ON PENDING ACTIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2763
Ruling PD No 198 otherwise known as THE PROVINCIAL
WATER UTILITIES ACT OF 1973 categorically provides thatthe general manager shall serve at the pleasure of the board
of directors In this case PD No 198 has already been
amended by Republic Act No 9286 Unfortunately for
petitioner Rep Act No 9286 is silent as to the retroactivity of
the law to pending cases and must therefore be taken to beof prospective application Since the retroactive application of
a law usually divests rights that have already become vested
the rule in statutory construction is that all statutes are to be
construed as having only a prospective operation unless the
purpose and intention of the legislature to give them aretrospective effect is expressly declared or is necessarily
implied from the language used
NILO P ALOMA V D ANILO MORA HILARIO FESTEJO M AXIMA
S ALVINO BRYN BONGBONG AND V ALENTINO SEVILLA GR NO
157783 (SEPTEMBER 23 2005)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2863
A substantive law will be construed
as applicable to pending actions if such
is the clear intent of the law or if the
statute by the very nature of its purposeas a measure to promote social justice
or in the exercise of police power is
intended to apply to pending actions
QUALIFICATION OF RULE
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 2963
A vested right or interest may besaid to mean some right or interest inproperty that has become fixed or
established and is no longer open todoubt or controversy
A statute may not be construedand applied retroactively if is impairssubstantive right that has becomeprospective
STATUTES AFFECTING VESTED RIGHTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3063
Ruling In affirming the decision of the Court of
Appeals the Supreme Court ruled that Adrians right to
an action for recognition which was granted by Article
285 of the Civil Code had already vested prior to the
enactment of the Family Code This vested right was notimpaired or taken away by the passage of the Family
Code He has up to four years from attaining majority
age within which to file an action for recognition The
Courts over-riding consideration is to protect the vested
rights of minors who could not have filed suit on their own during the lifetime of their putative parents
ERNESTINA BERNABE V C AROLINA ALEJO
GR NO 140500 (J ANUARY 21 2002)
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3163
Statutes affecting obligation of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3263
Any contract entered into must be in accordance
with and not repugnant to the applicable law at the
time of execution
Such law forms part of and is read into the contract
even without the parties expressly saying so
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3363
Later statutes will not however be given retroactive
effect if to do so will impair the obligation of
contracts for the Constitution prohibits the
enactment of a law impairing the obligations of
contracts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3463
LEPANTO CONSOL IDATED MINING CO vs WMC RESOURCES INTL
PTY LTD GR No 162331 November 20 2006
FACTS
The Philippine Government and WMC Philippines executed the Columbio FTAA No 02-95-XI
(Columbio FTAA) for the purpose of large scale exploration development and commercialexploration of possible mineral resources in some provinces of Mindanao
On July 12 2000 WMC Resources executed a Sale and Purchase Agreement with petitioner
Lepanto
on 10 January 2001 contending that the 12 July Agreement between petitioner and WMCPhilippines had expired due to failure to meet the necessary preconditions for its validity WMC
Resources and the Tampakan Companies executed another Sale and Purchase Agreement
where Sagittarius Mines Inc was designated assignee and corporate vehicle which would
acquire the shareholdings and undertake the Columbio FTAA activities
On 18 December 2001 Secretary of DENR approve the application for the respondentsrsquo
agreement
Petitioner assails the validity of the agreement approved by the Secretary of DENR on the
ground that it violates Sec 40 of the Mining Act
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3563
EXISTING LAW
Executive Order 279 amp Department Administrative Order No 63 Series of 1991
(created the Columbio FTAA on March 2 1995)
Sec 14 1 Assignment
The Contractor may assign transfer convey or otherwise dispose of all or
any part of its interest in the Agreement provided that such assignment transfer
conveyance or disposition does not infringe any Philippine law applicable to foreign
ownership
(b )to any third party provided that the Secretary consents to the same
which consent shall not be unreasonably withheld―
NEW STATUTE
Republic Act No 7942 or the Philippine Mining Act of 199 (effective on April 14 1995)
Sec 40 AssignmentTransfer mdash A financial or technical assistance agreement may
be assigned or transferred in whole or in part to a qualified person subject to theprior approval of the President Provided that the President shall notify Congress
of every financial or technical assistance agreement assigned or converted in
accordance with this provision within thirty (30) days from the date of approval
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3663
ISSUE
Is the petitioner right in his contention that the validity of the transfer and
assignment necessitates the Presidentrsquos approval and not of the Secretary
of the DENR as provided by RA 7942 (Mining Act)
HELD
This posture of petitioner would clearly contradict the established legal
doctrine that statutes are to be construed as having only a prospective
operation unless the contrary is expressly stated or necessarily implied from
the language used in the law
There is an absence of either an express declaration or an implication in the
Philippine Mining Act of 1995 that the provisions of said law shall be made
to apply retroactively therefore any section of said law must be made to
apply only prospectively in view of the rule that a statute ought not to
receive a construction making it act retroactively unless the words used areso clear strong and imperative that no other meaning can be annexed to
them or unless the intention of the legislature cannot be otherwise
satisfied
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3763
Section 40 of the Philippine Mining Act of 1995 requiring the approval of
the President with respect to assignment or transfer of FTAAs if made
applicable retroactively to the Columbio FTAA would be tantamount toan impairment of the obligations under said contract as it would
effectively restrict the right of the parties thereto to assign or transfer
their interests in the said FTAA
Section 40 of the Philippine Mining Act of 1995 if made to apply to the
Columbio FTAA will effectively modify the terms of the original contract
and thus impair the obligations of the parties thereto and restrict the
exercise of their vested rights under the original agreement
Abaya et al vs Hon Secretary Ebd ane Jr et al
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3863
Abaya etal vs Hon Secretary Ebd ane Jr etal
GR No 167919 February 14 2007
EXISTING LAW Executive Order No 40
SEC 1Scope and Application
This Executive Order shall apply to see procurement of (a) goods supplies
materials and related service (b) civil works and (c) consulting services by all
National Government agencies including State Universities and Colleges (SUCs)
Government-Owned or -Controlled Corporations (GOCCs) and Government
Financial Institutions (GFIs) hereby referred to as Agencies This ExecutiveOrder shall cover the procurement process from the pre-procurement
conference up to the award of the contract
Nothing in this Order shall negate any existing and future government
commitments with respect to the bidding and award of contracts financed partly
or wholly with funds from international financing institutions as well as from
bilateral and other similar foreign sources
FACTS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 3963
FACTS
The DPWH as the government agency tasked to implement the Arterial Road Links
Development Projects caused the publication of the Invitation to Prequalify and to
Bid for the implementation of the Contract Package I between JBIC and the
Philippines
The Approved Budget for the Contract (ABC) was in the amount of
P73871056367 The winning bidder was the China Road amp Bridge Corporation
with P95256482171
On September 29 2004 a Contract of Agreement was entered into by and between
the DPWH and private respondent China Road amp Bridge Corporation for theimplementation of the CP I project
NEW STATUTE Republic Act No 9184 also known as Government Procurement
Reform Act
SEC 31Ceiling for Bid Prices mdash The ABC shall be the upper limit or ceiling for the
Bid prices Bid prices that exceed this ceiling shall be disqualified outright
from further participating in the bidding There shall be no lower limit to the amount
of the award
ISSUE Does a contract agreement entered into with the bid prices higher than
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4063
ISSUE Does a contract agreement entered into with the bid prices higher than
the ABC (Approved Budget for the Contract) is valid
HELD
Under EO 40 the award of the contract to private
respondent China Road amp Bridge Corporation is valid EO 40 expressly recognizesas an exception to its scope and application those government commitments with
respect to bidding and award of contracts financed partly or wholly with funds from
international financing institutions as well as from bilateral and other similar foreign
sources
EO 40 not RA 9184 is applicable to the procurementprocess undertaken for the CP I project RA 9184
cannot be given retroactive application
At the time the law in effect was EO 40 On the other hand RA 9184 took effect two
months later or on January 26 2003 Further its full implementation was even
delayed as IRR-A was only approved by President Arroyo on September 18 2003
and subsequently published on September 23 2003 in the Manila Times and Malaya
newspapers
RA 9184 could not be applied retroactively for to do so would allegedly impair the
vested rights of private respondent China Road amp Bridge Corporation arising from itscontract with the DPWH
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4163
Repealing and Amendatory
Acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4263
Statutes which repeal earlier or prior laws operate
prospectively unless the legislative intent to give
them retroactive effect clearly appears
The general rule on the prospective operation of
statutes also applies to amendatory acts
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4363
Statutes Given Retroactive
Effect
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4463
L AWS NOT RETROACTIVE EXCEPTION
General Rule
Laws have NO retroactive effect
ExceptionProcedural laws
Curative laws
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4563
RETROACTIVE L AW
―Retroactive law is one which takes away or
impairs vested rights acquired under laws or
creates a new obligation and imposes a new duty
or attaches a new disability in respect of
transactions or considerations already past
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4663
PROCEDURAL L AWS
Adjective laws which prescribe rules andforms of procedure of enforcing rights or obtaining redress for their evasion
Refer to rules of procedure by which courtsapplying laws of all kinds can properlyadminister justice
Pleadings practice and evidence
In Criminal Law they provide steps by whichone who commits a crime is to be punished
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4763
PROCEDURAL L AWS
Statutes are prospective and NOT retroactive does
NOT apply to PROCEDURAL LAWS
A new statute which deals with procedure only is
presumptively applicable to all actions- those whichhave accrued or are pending
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4863
PROCEDURAL L AWS
General Rule Statutes regulating theprocedure of the courts will be construed asapplicable to actions pending andundetermined at the time of their passage
Procedural laws are retroactive in thatsense and to that extent
Exception
- If the statute itself expressly or by
necessary implication provides that pending actionsare excepted from its operation
- If its application to pendingproceedings would impair vested rights
= not feasible or would work injustice
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 4963
ILLUSTRATIVE C ASE JORILLO V PEOPLE OF THE
PHILIPPINES GR 164435 SEPTEMBER 29 2010
Facts Petitioner married Alocillo on May 261979 and subsequently marries Emmanuel
Uy on April 16 2005 When charged for the
crime of bigamy she claims that her firstmarriage was not valid because they did not
have a marriage license
Issue whether or not Article 40 applies tomarriages celebrated before the effectivity of
the family code
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5063
RULING (AS HELD IN ATIENZA V BRILLANTES JR)
Article 40 is applicable to remarriages enteredinto after the effectivity of the Family Code on
August 3 1988 regardless of the date of thefirst marriage Besides under Article 256 of the
Family Code said Article is givenretroactive effect insofar as it does notprejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws
This is particularly true with Article 40 which isa rule of procedure Respondent has notshown any vested right that was impaired bythe application of Article 40 to his case
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5163
VESTED RIGHT
An immediate fixed right of present and future payment
Fixed unalterable absolute complete and unconditional to
the exercise of which no obstacle exists and which is perfect
in itself and not dependent upon a contingency
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5263
CURATIVE STATUTES
Curative remedial statutes are healing acts They
are remedial by curing defects and adding to the
means of enforcing existing obligations
Laws intended to supply defects abridge
superfluities in existing laws and curb certain evils
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5363
CURATIVE STATUTES
General rule Remedial or curative statutes are
forms of retroactive laws
Exception They will not be given retroactive effect if
to do so will impair the obligations of contract or
disturb vested rights
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5463
Illustrative Case Romero v CA et
al GR 142803 Nov 20 2007
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5563
F ACTS Petitionerrsquos motion for reconsideration and certiorari filed on
April 26 1999 and August 9 1999 were dismissed by Court of Appeals basing on Section 4 Rule 65 of the 1997 Rules of Civil
Procedure as amended by Circular No 39-98 which took effect
on 1 September 1998
Petitioner filed a petition for review on the ground that CA erredin dismissing Romerorsquos petitions for being filed out of time
By the time his case was still pending Circular 39-98 was
amended by a curative resolution 00-2-03 SC which took effect
on Sept 1 2000
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5663
RULING In view of its purpose the Resolution further amending
Section 4 Rule 65 can only be described as curative innature and the principles governing curative statutes are
applicable
Accordingly while the Resolution states that the same shall
take effect on September 1 2000 following its publication intwo (2) newspapers of general circulation its retroactive
application cannot be denied
In short the filing of the petition for certiorari in this Court on
17 December 1998 is deemed to be timely the same havingbeen made within the 60-day period provided under the
curative Resolution We reach this conclusion bearing in mind
that the substantive aspects of this case involves the rights
and benefits even the livelihood of petitioner-employees
11
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5763
POLICE POWER LEGISLATION
One of the limitation
Applicable not only to those activities or
transactions coming into being after their passage
but also to those already in existence
Any right acquired under a statute or under contract
is subject to condition
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5863
STATUTE RELATING TO PRESCRIPTION
General Rule
Applies to all actions filed after its effectivity
( procedural in nature )
Exception
Causes of action that accrued prior to itsenactment
APPARENTLY CONFLICTING DECISIONS
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 5963
APPARENTLY CONFLICTING DECISIONS
ON PRESCRIPTION
In Billones vs Court of Industrial Relation ( CA No
144 Sec 7-A )
―any action to enforce any cause under this act
shall be commenced within three years after such
cause of action accrued otherwise such actionshall be forever barred Provided however that
actions already commenced before the effective
date of this act shall not be affected by the period
herein prescribed
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6063
In Corales vs Employees Compensation
―workmenrsquos compensation claims accruing prior to
the effectivity of this code xxx shall be filed with the
appropriate regional offices of the Department of
Labor not later than March 31 1975 otherwise theyshall be barred forever
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6163
PRESCRIPTION IN CRIMINAL AND CIVIL CASES
General Rule
Apply as well to crimes committed before the
enactment as afterwards
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6263
Distinction between a statute of limitations in criminal
action and that of limitations in civil suits
In limitations in civil suit
- impartial arbiter
In limitations in criminal suit
- the state is the grantor
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent
7302019 Statcon Report Final
httpslidepdfcomreaderfullstatcon-report-final 6363
STATUTES RELATING TO APPEALS
Statutory and may be restricted or taken away
Destroys the right to appeal a decision rendered
after the statute went into effect
Absence of a clear legislative intent