LAGUNA STATE POLYTECHNIC UNIVERSITY PERSON AND FAMILY RELATIONS The CIVIL CODE R.A. No. 386 ARTICLE 4 JOY G DE LOYOLA MARY GRACE DE LUMBAN

Article 4 Laws shall have no retroactive effect, unless the contrary is provided.

Artikulo 4 Ang mga batas ay walang pagbabalik-bisa kahit sa panahong nakaraan na, maliban na kung ang kasalungat ay itinadhana.

Concept of Retroactive or Retrospective Law one which looks backward or contemplates the past; one which is made to affect acts or transactions occurring before it came into effect, or rights already accrued, and which imparts to them characteristics, or ascribes to them effects, which were not inherent in their nature in contemplation of law as it stood at the time of their occurrence (Black on Interpretation of Laws, 380)

NON-RETROACTIVITY OF LAWS NON-RETROACTIVITY OF LAWS. Laws have no retroactive effect, unless the contrary is provided, for it is said that the law looks to the future and has no retroactive effect unless the legislature may have given that effect to some legal provisions, and that statutes are to be construed as having only prospective operation, unless the purpose and intention of the legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language used, and that, in case of doubt, the same must be resolved against the retrospective effect. (Sta.Maria on Persons and Family Relations Law)

Prospective Operation of Laws All statutes are to be considered as having only a prospective operation, unless the purpose and intention of the lawmaking body give them a retrospective effect is expressly declared or is necessarily implied from the language used.

Usury Laws Prospectively Construed; consideration of Prior Occurrences Permitted Usury laws are to be construed prospectively and not retrospectively. The courts may look into prior occurrences in order to understand the particular fact which is claimed to be a violation of the law, and in order to ascertain the criminal intent.

Exceptions to the Rule of Prospectivity Penal laws favorable to the accused. Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of the Penal Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

Exceptions to the Rule of Prospectivity Penal laws when retroactive; requisites; example.

Exceptions to the Rule of Prospectivity Retroactivity of penal laws.

Exceptions to the Rule of Prospectivity Retroactivity of penal laws.

Exceptions to the Rule of Prospectivity Retroactivity of penal laws. Of course no. Article 22 of the Revised Penal Code provides that penal laws shall have a retroactive effect only insofar as they favor a person guilty of a felony who is not a habitual criminal, although at the time of the publication of such a law a final sentence has been pronounced and the convict is serving the same.

Exceptions to the Rule of Prospectivity 2. Remedial and procedural statutes. Laws have no retroactive effect except when they refer to a matter of procedure or is passed for the sake of convenience, and does not affect substantial rights. Example: In Oriental Assurance Corp. v. Solidbank Corp., GR no. 139882, August 16, 2000, the Supreme Court once again said the generally accepted rule that procedural rules are applicable retroactively. While under the old Rules, the payment of the docket fee was not required upon the filing of the notice of appeal, the present rule requires such payment (Sec.4, Rule 41). This rule is retroactive even if the case was governed by the old rule. If there is no payment of the same, the case can be dismissed pursuant to Rule 50, Sec.1 of the Rules of Court. However, the Supreme Court has time and again warned that in case of non-payment of the docket fees upon the perfection of the appeal should not be a cause for outright dismissal of the appeal. The party concerned should be given an opportunity to pay.

Exceptions to the Rule of Prospectivity 3. Special express mandate of law. When a new act expressly provides that it shall have retroactive effect, and no constitutional question is involved, then the law is given its retroactive or retrospective effect. Example: Commonwealth Act No. 682, commonly known as the People’s Court Act, passed on Sept. 25, 1945, and purposely intended and aimed at giving a speedy public trial of political offenders who were detained by the Commander-in-Chief of the Armed Forces of the United States in the Philippines. It is clear that said Act is to look back and take effect upon persons and acts that took place three years before its passage.

Exceptions to the Rule of Prospectivity 4. Statutes creating new rights. The principle that a new law shall not have any retroactive effect only governs the rights arising from acts done under the rule of the former laws but if the right be declared for the first time by subsequent law, it shall take effect from that time even though it has arisen from acts subject to the former law, provided that it does not prejudice another acquired right of the same origin. Example: Proof of filiation by way of “open and continuous possession of the status of an illegitimate child” was not present in the Civil Code, yet it was incorporated in Article 172 of the Family Code. The condition is that, it must not impair vested rights.

Exceptions to the Rule of Prospectivity 5. Curative statutes. The term “curative statutes” refer to those which undertake to cure errors and irregularities in judicial or administrative proceedings, and which are designed to give effect to contracts and other transactions between private parties which otherwise would fail of producing their intended consequences by reason of some statutory disability or the failure to comply with some technical requirement.

Ex post facto law Constitutional consideration on ex post facto law and on a bill of attainder Ex post facto law Which was innocent when done, criminal and punishes such action Which aggravates a crime Makes it greater punishment than the law annexed to the crime when it was committed Which alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender

Bill of attainder Constitutional consideration on ex post facto law and on a bill of attainder Bill of attainder - is a legislative act which convicts persons and punishes them, for, crimes without judicial trial.

Statutes impairing vested rights When the effect of giving to a statute a retrospective construction would be to make it destroy or impair vested rights, such construction will be avoided, and the statute will be held to apply to future acts and cases only, provided, that this can be done by any reasonable interpretation of the language used by the legislature.

Statutes imposing penalties and liabilities A statute imposing a new penalty or forfeiture, or a new liability or disability, or creating a new right of action, will not be construed as having a retrospective operation, if such consequences can fairly be avoided by interpretation.

Family Code is retroactive

Thank you and GOD bless