Statcon Report Final

63
7/30/2019 Statcon Report Final http://slidepdf.com/reader/full/statcon-report-final 1/63 PROSPECTIVE AND RETROACTIVE STATUTES

Transcript of Statcon Report Final

Page 1: 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

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

Page 2: Statcon Report Final

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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

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

7302019 Statcon Report Final

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Statutes Given Prospective Effect

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

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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

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

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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

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)

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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

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

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

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

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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

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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

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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

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

Page 3: 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]

7302019 Statcon Report Final

httpslidepdfcomreaderfullstatcon-report-final 463

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

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

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)

7302019 Statcon Report Final

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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

7302019 Statcon Report Final

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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

httpslidepdfcomreaderfullstatcon-report-final 1463

Statutes Given Prospective Effect

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

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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

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

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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

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

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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

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

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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

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

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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

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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

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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

Page 4: 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

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

7302019 Statcon Report Final

httpslidepdfcomreaderfullstatcon-report-final 1463

Statutes Given Prospective Effect

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

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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

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

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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

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

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

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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

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

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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

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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

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

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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

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

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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

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

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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

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)

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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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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

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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

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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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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

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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

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

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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

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

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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

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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

Page 6: Statcon Report Final

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

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

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

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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

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

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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

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

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

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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

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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

Page 7: 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

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)

7302019 Statcon Report Final

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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

httpslidepdfcomreaderfullstatcon-report-final 1163

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

Page 8: 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

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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

httpslidepdfcomreaderfullstatcon-report-final 1363

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

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

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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

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

Page 9: 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

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

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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

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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

Page 10: Statcon Report Final

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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

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

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)

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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

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

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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

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

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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

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

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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

Page 11: 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

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

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

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

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

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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

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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

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

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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

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

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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

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

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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

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

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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

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

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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

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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

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

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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

Page 12: Statcon Report Final

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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

httpslidepdfcomreaderfullstatcon-report-final 1363

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

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

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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

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

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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

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

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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

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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

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

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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

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

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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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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

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

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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

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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

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

Page 13: 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

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

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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)

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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)

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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

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

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

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

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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

Page 14: Statcon Report Final

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httpslidepdfcomreaderfullstatcon-report-final 1463

Statutes Given Prospective Effect

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

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

Page 15: Statcon Report Final

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

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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

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

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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

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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

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

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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

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

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

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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

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

Page 16: 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

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

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

Page 17: Statcon Report Final

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

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

Page 18: Statcon Report Final

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

Page 19: Statcon Report Final

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

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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

Page 20: Statcon Report Final

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

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

Page 21: Statcon Report Final

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

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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

Page 22: Statcon Report Final

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

Page 23: Statcon Report Final

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

Page 24: Statcon Report Final

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

Page 25: Statcon Report Final

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

Page 26: Statcon Report Final

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

Page 27: Statcon Report Final

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

Page 28: Statcon Report Final

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

Page 29: Statcon Report Final

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

Page 30: Statcon Report Final

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

Page 31: Statcon Report Final

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

Page 32: Statcon Report Final

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

Page 33: Statcon Report Final

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

Page 34: Statcon Report Final

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

Page 35: Statcon Report Final

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

Page 36: Statcon Report Final

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

Page 37: Statcon Report Final

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

Page 38: Statcon Report Final

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

Page 39: Statcon Report Final

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

Page 40: Statcon Report Final

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

Page 41: Statcon Report Final

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

Page 42: Statcon Report Final

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

Page 43: Statcon Report Final

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

Page 44: Statcon Report Final

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

Page 45: Statcon Report Final

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

Page 46: Statcon Report Final

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

Page 47: Statcon Report Final

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

Page 48: Statcon Report Final

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

Page 49: Statcon Report Final

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

Page 50: Statcon Report Final

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

Page 51: Statcon Report Final

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

Page 52: Statcon Report Final

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

Page 53: Statcon Report Final

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

Page 54: Statcon Report Final

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

Page 55: Statcon Report Final

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

Page 56: Statcon Report Final

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

Page 57: Statcon Report Final

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

Page 58: Statcon Report Final

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

Page 59: Statcon Report Final

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

Page 60: Statcon Report Final

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

Page 61: Statcon Report Final

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

Page 62: Statcon Report Final

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

Page 63: Statcon Report Final

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