Chapter 9 - Prospective and Retroactive Statutes

A. IN GENERAL

9.01. Prospective and Retroactive statutes.

Prospective statutes – one which operates upon facts or transactions that occur after the statutes take effect,
one that looks and applies to the future.
Retroactive law – law which creates a new obligation imposes a new duty or attaches a new disability in
respect to a transaction already past.
 Statute is not made retroactive because it draws on antecedent facts for its operation, or in other words,
part of the requirements for its action and application is drawn a time antedating its passage.
 “A retroactive law, in legal sense, is one which takes away or impairs vested rights acquired under
existing laws, or creates a new obligation and imposes new duty, or attaches a new disability in respect
of transaction or consideration already past.”

9.02. Laws operate prospectively, generally.

 Statutes are to be construed as having only prospective operation, unless the intendment of the
legislature to give tem a retroactive effect is expressly declared or is necessarily implied from the
language used.
 A 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.
 No court will hold a statute to be retroactive when the legislature has not said so.
 Lex prospicit, non respicit – the law looks forward, not backward
 Les de futuro, judex de praeterito – the law provides for the future, the judge for the past.
 A statute, despite the generality in its language, must not be so construed as to overreach acts, events or
matters which transpired before its passage.
 Nova constitutio futuris formam imponere debet non praeteritis – a new statute should affect the future,
not the past.

9.03. Presumption against retroactivity.

 It depends upon legislative intent.
 The presumption is that all laws operate prospectively, unless the contrary clearly appears or is clearly,
plainly, and unequivocally expressed or necessarily implied.
 Presumption applies whether the statute is in the form of an original enactment, an amendment, or a
repeal.

9.04. Words or phrases indicating prospectivity.

 ‘hereafter’ or ‘thereafter’ – to take effect immediately or at affixed future date
 ‘from and after the passing of this Act’, ‘shall have been made’, ‘from and after’ – indicates that the
statute is prospective in operation only
 ‘shall’ – implies that the lawmakers intend the enactment to be effective only in future.

9.05. Retroactive statutes, generally.

 Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligations
of contract, deprive persons of property without due process of law, or divest rights that have become
vested, or which are not in the nature of ex post facto laws.
 Retroactive laws: remedial or curative statutes as well as statutes which create new rights
 Statutes applied retroactively must not violate any of the constitutional restrictions

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 B. STATUTES GIVEN PROSPECTIVE EFFECT

9.06. Penal statutes.

 Penal laws operate prospectively
 No act or omission shall be held to be a crime, nor its author punished, except by virtue of a law
in force at the time the act was committed
 Based on the maxim: nullum crimen sine poena, nulla poena sine legis – there is no crime without a
penalty, and there is no penalty without a law.

9.07. Ex post facto law.

 It is any of the following:
1.) A law which makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such act.
2.) A law which aggravates a crime, or make it greater than it was, when committed
3.) A law which changes the punishment and inflict s a greater punishment than that annexed to the
crime when committed
4.) A law which alters the legal rule of evidence, and authorizes conviction upon less or different
testimony than the law required at the time f the commission of the offense
5.) A law which assumes to regulate civil rights and remedies only, but in effect imposes penalty or
deprivation of a right for something which when done was lawful
6.) A law which deprives a person accused of a crime of some lawful protection of a former conviction
or acquittal, or a proclamation of amnesty
 The prohibition against ex post facto law is limited in scope and applies only to penal matters and
criminal proceedings, which impose punishment or proceedings, which affect private rights
retroactively.
 Retroactive laws, which are not criminal in nature, do not violate prohibition against ex post facto laws

9.08. Bill of attainder.

 A legislative act which inflicts punishment without judicial trial
 It is doubly objectionable because of its ex post facto features
 If a statute is a bill of attainder, it is an ex post facto law
 If a statute is an ex post facto law, it does not provide that it is a bill of attainder

9.09. When penal laws applied retroactively.

 Penal laws cannot be given retroactive unless they are favorable to the accused, who is not a habitual
criminal, although at the time of the application of such laws a final sentence has been pronounced and
the convict is serving the same (favorabilia sunt amplianda adiosa restrigenda)
 2 laws affecting the liability of the accused: (1) in force at the time of the commission of the crime (2)
enacted during or after the trial of the criminal action
 If during the pendency of a criminal action and a statute is passed reducing the penalty and it is
favorable to the accused, it will be applied retroactively.
 If there is already a final judgment and the accused is already serving sentence, the remedy of the
accused is to file a petition for habeas corpus, alleging that his continued imprisonment is illegal
 Exceptions: (1) accused is habitual delinquent (2) the later statute expressly provides that it shall not
apply to existing actions or pending cases (3) the accused disregards the later law and invokes the prior
statute where he was prosecuted

9.10. Statutes substantive in nature.

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  A law which creates, defines, or the powers of agencies or instrumentalities for the administration of
public affairs
 Substantive right – one which includes those rights which one enjoys under the legal system prior to the
disturbance of normal relations
 As applied to criminal law, substantive law is that which declares what acts are crimes and prescribes
the punishment for committing them
 Procedural rule – if it operates as a means of implementing an existing right (i.e. where to prosecute an
appeal or transferring the venue of appeal)
 Substantive rule – if the rule creates right such as the right to appeal

9.11. Effects on pending actions.

 A statute which affects substantive rights and not merely procedural matters may not be given
retroactive operation so as to govern pending proceedings, in the absence of a clear legislative intent to
the contrary.
 Example: In Cang vs. CA, RA No. 7691 was not yet in force at the time of the commencement of the
cases in the trial court. It took effect only during the pendency of the appeal before the CA. Therefore,
petitioner’s claim that RA No. 7691 should be retroactively applied was not given merit. The court held
that, a law vesting additional jurisdiction in the court cannot be given retroactive effect.

9.12. Qualification of rule.

 A substantive law will be construed as applicable to pending actions if such is the clear intent of the law.
 Or if the statute’s purpose is to promote social justice
 A case must be decided in the light of the law as it exists at the time of the decision by the appellate
court.
 Example, in the case Municipality of Sta. Fe v. Municipality of Aritao, petitioner contends that,
provisions of the 1987 constitution and the LGC of 1991 on the settlement of municipal boundary
disputes should be applied prospectively. When the court has already obtained and is exercising
jurisdiction over a controversy, its jurisdiction to proceed to the final determination of the case is not
affected by new legislation placing jurisdiction over such proceedings in another tribunal. The court held
that a law may be given retroactive effect if it so provided expressly or retroactivity is necessarily
implied there from. No vested right is impaired and it does not deprive the person of property without
due process of law. Provisions of 1987 Constitution are intended to apply to all existing political
subsidiaries.

9.13. Statutes affecting vested rights.

 A vested right or interest may be said to mean some right or interest in property that has become fixed
or established and id no longer open to doubt or controversies
 Rights are vested when the right to enjoyment, present or prospective, has become the property of some
particular person or persons, as a present interest
 Rights which have not been acted are not vested
 A statute may not be construed and applied retroactively if it impairs substantive right that has become
vested
 While a law creating a new right in favor of a class of persons may be given retroactive operation. It
may not be so applied if the new right collides with or impairs any vested right acquired before the
establishment of the new right.
 Example, the abolition of death penalty and its imposition. Those accused of crimes prior to the re-
imposition of the death penalty have acquired vested rights under the law abolishing it.

9.14. Statutes affecting obligations of contract.

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  Any contract entered into must be in accordance with, and not repugnant to, the applicable law at the
time of the execution
 Such law forms part of, and is read into, the contract even without the parties expressly saying so
 Any law which enlarges, abridges, or in any manner changes the intention of the parties necessarily
impairs the contract itself
 A statute which authorizes any deviation from the terms of contract should not be applied retroactively

9.15. Illustration of rule.

 In People v. Zeta, a lawyer entered into a contract for professional services on contingent basis and
actually rendered service to its successful conclusion. This is pursuant to the then existing law
authorizing a lawyer to charge not more than 5% of the amount involved as attorney’s fees in the
prosecution of certain veteran’s claim. A statute was enacted prohibiting the collection of attorney’s fees
before they were collected. The lawyer in this case was prosecuted for violating the statute. The court
said that the said statute cannot be applied retroactively. The court concluded that the 5% fee allowed by
the old law is “not unreasonable”.

9.16. Repealing and amendatory acts.

 Although a repealing act is intended to be retroactive, it will not be so construed if it will impair vested
rights or the obligations of contract, or unsettle matters that had been legally done under the old law
 While an amendment is generally construed as becoming a part of the original act as if it had been
contained therein, it may not be given a retroactive effect unless it is so provided expressly or by
necessary implication and no vested right or obligations of contract are thereby impaired.
 Example: RA No. 401 was amended by RA No. 671; according to the said amendment, a debtor who
paid his pre-war obligation with interests before the amendment was approved into law is not entitled to
a refund of the interest paid, because the phrase “makes voluntary payment” in the said act denotes a
present or future act.

C. STATUTES GIVEN RETROACTIVE EFFECT

9.17. Laws not retroactive; exception.

 Procedural laws and curative laws are given retroactive operation
 Procedural laws are adjective laws which prescribe rules and forms procedure of enforcing rights or
obtaining redress for their invasion.
 They refer to rules of procedure by which courts applying laws of all kinds can properly administer
justice.
 They include rules of pleadings, practice and evidence.
 In criminal law, they provide or regulate the steps by which one who commits a crime is to be punished.
 Remedial statutes which do not create new or take away vested rights but only operate in furtherance of
the remedy r confirmation of rights already existing do not come with the legal concept of a retroactive
law.
 No vested right may attach to, nor arise from, procedural laws.

9.18. Exceptions to the rule.

 The rule does not apply where the statute itself expressly or by necessary implication provides that
pending actions are excepted from its operation, or where to apply it to pending proceedings would
impair vested rights.
 Example: In Tan, Jr. v. CA, the issue is whether or not the redemption of subject property valid under
the then existing rule of procedure at the time of redemption remains valid even if the new rule, if
applied retroactively, makes the redemption void. The CA applied the new rule retroactively and

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 validated the redemption. The court reversed the appellate court and ruled in favor of the validity of the
redemption.

9.19. Procedural laws.

 Procedural laws are adjective laws which prescribe rules and forms procedure of enforcing rights or
obtaining redress for their invasion.
 They refer to rules of procedure by which courts applying laws of all kinds can properly administer
justice.
 Include rules of pleadings, practice, and evidence.

9.20. Exceptions to the rule.

 The rule does not apply where the statute itself expressly or by necessary implication provides that
pending actions are excepted from its operation, or where to apply it to pending proceedings would
impair vested rights.
 It may not be also applied to pending actions if to do so would involve intricate problems of due process
or impair the independence of the courts.

9.21. Curative statutes.

 These are healing acts.
 They are remedial by curing defects and adding to the means of enforcing existing obligations.
 They are intended to supply defects, abridge superfluities in existing laws, and curb certain evils.
 Their purpose is to give validity to acts that would have been invalid under existing laws, as if existing
laws have been complied with.
 Example:
Frivaldo vs. Comelec (G.R. No. 87193. June 23, 1989.)

Facts: Juan G. Frivaldo was proclaimed governor-elect of the province of Sorsogon on 22 January 1988, and
assumed office in due time. On 27 October 1988, the league of Municipalities, Sorsogon Chapter represented
by its President, Salvador Estuye, who was also suing in his personal capacity, filed with the Comelec a
petition for the annulment of Frivaldo’s election and proclamation on the ground that he was not a Filipino
citizen, having been naturalized in the United States on 20 January 1983. Frivaldo admitted that he was
naturalized in the United States as alleged but pleaded the special and affirmative defenses that he had sought
American citizenship only to protect himself against President Marcos. His naturalization, he said, was
“merely forced upon himself as a means of survival against the unrelenting persecution by the Martial Law
Dictator’s agents abroad.” He also argued that the challenge to his title should be dismissed, being in reality a
quo warranto petition that should have been filed within 10 days from his proclamation, in accordance with
Section 253 of the Omnibus Election Code.

Issue: Whether Juan G. Frivaldo was a citizen of the Philippines at the time of his election on 18 January
1988, as provincial governor of Sorsogon.

Held: The Commission on Elections has the primary jurisdiction over the question as the sole judge of all
contests relating to the election, returns and qualifications of the members of the Congress as well as to the
elective provincial and city officials. However, the decision on Frivaldo’s citizenship has already been made
by the COMELEC through its counsel, the Solicitor General, who categorically claims that Frivaldo is a
foreigner. The Solicitor’s stance is assumed to have bben taken by him after consultation with COMELEC
and with its approval. It therefore represents the decision of the COMELEC itself that the Supreme Court
may review. In the certificate of candidacy filed on 19 November 1987, Frivaldo described himself as a
“natural-born” citizen of the Philippines, omitting mention of any subsequent loss of such status. The
evidence shows, however, that he was naturalized as a citizen of the United States in 1983 per the
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 certification from the United States District Court, Northern District of California, as duly authenticated by
Vice Consul Amado P. Cortez of the Philippine Consulate General in San Francisco, California, U.S.A.
There were many other Filipinos in the United States similarly situated as Frivaldo, and some of them subject
to greater risk than he, who did not find it necessary — nor do they claim to have been coerced — to abandon
their cherished status as Filipinos. Still, if he really wanted to disavow his American citizenship and reacquire
Philippine citizenship, Frivaldo should have done so in accordance with the laws of our country. Under CA
No. 63 as amended by CA No. 473 and PD No. 725, Philippine citizenship may be reacquired by direct act of
Congress, by naturalization, or by repatriation. He failed to take such categorical acts. Rhe anomaly of a
person sitting as provincial governor in this country while owing exclusive allegiance to another country
cannot be permitted. The fact that he was elected by the people of Sorsogon does not excuse this patent
violation of the salutary rule limiting public office and employment only to the citizens of this country. The
will of the people as expressed through the ballot cannot cure the vice of ineligibility. Qualifications for
public office are continuing requirements and must be possessed not only at the time of appointment or
election or assumption of office but during the officer’s entire tenure. Once any of the required qualifications
is lost, his title may be seasonably challenged. Frivaldo is disqualified from serving as governor of Sorsogon.

9.22. Limitations of rule.

 Curative statutes are not given retroactive effect if to do so will impair the obligations of contract or
disturb vested rights.
 Exception is a remedial or curative statute which is enacted as a police power measure.

9.23. Police power legislations.

 Statutes which are enacted in the exercise of police power to regulate certain activities are applicable not
only to those activities or transactions coming into being after their passage, but also to those already in
existence.
 Reason: non-impairment of the obligations of contract or of vested rights must yield to the legitimate
exercise of the power, by the legislature, to prescribe regulations to promote the health, morals, peace,
education, good order, safety and general welfare of the people.

9.24. Statutes relating to prescription.

 Being procedural in nature, applies to all actions filed after its effectivity.
 Such a statute is both prospective in the sense that it applies to causes that accrued and will accrue after
it took effect, and retroactive in the sense that it applies to causes accrued before its passage.
 A statute of limitations will not be given retroactive operation to causes of action that accrued prior to its
enactment if to do so will remove a bar of limitation which has become complete or disturb existing
claims without allowing a reasonable time to bring actions thereon.

9.25. Apparently conflicting decisions on prescription.

 Example: In Corales v. Employees’ Compensation Commission, issue is whether a claim for workmen’s
compensation which ensued under the old Workmen’s Compensation Act is barred by the provisions of
New Labor Code which repealed the former act. It says that, workmen’s compensation claims accruing
prior to the effectivity of the act shall be filed on or before the specified date otherwise, they will be
barred. But the court ruled that, the provisions do not apply on the said claims because the prescriptive
period for claims which accrued under the Workmen’s Compensation Act is, as amended is 10 years.
This is a right founded on statute, a vested right, that cannot be impaired by the retroactive application of
the Labor Code.

9.26. Prescription in criminal and civil cases.

 The laws on prescription of actions supply as well to crimes committed before the enactment as
afterwards.
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  The statutes are enacted by the legislatures as an impartial arbiter between two contending parties.

9.27. Statutes relating to appeals.

 A statute relating to appeals is remedial or procedural in nature and applies to pending actions in which
no judgment has yet been promulgated at the time the statute took effect.
 It may not be construed retroactively so as to impair vested rights.

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List of maxims in Chapter 9:

Lex prospicit, non respicit – the law looks forward, not backward

Les de futuro, judex de praeterito – the law provides for the future, the judge for the past.

Nova constitutio futuris formam imponere debet non praeteritis – a new statute should affect the future, not the
past.

Favorabilia sunt amplianda adiosa restrigenda – penal laws cannot be given retroactive unless they are
favorable to the accused, who is not a habitual criminal, although at the time of the application of such laws a
final sentence has been pronounced and the convict is serving the same

Nullum crimen sine poena, nulla poena sine legis – there is no crime without a penalty, and there is no penalty
without a law.