Carolino vs.

Senga
Military Service; Retirement; Retirement Benefits; A retirees retirement benefits may
be terminated, i.e., when the retiree refuses to perform active service when called to do
so provided that (1) the retiree resides in the Philippines and (2) is physically fit for
service.

Civil Law; Statutes; Retroactivity of Laws; Under Article 4 of the Civil Code, it is
provided that laws shall have no retroactive effect, unless the contrary is provided.
PD No. 1638 was signed by then President Ferdinand Marcos on September 10,
1979. Under Article 4 of the Civil Code, it is provided that laws shall have no
retroactive effect, unless the contrary is provided. It is said that the law looks to the
future only and has no retroactive effect unless the legislator may have formally
given that effect to some legal provisions; that all statutes are to be construed as
having only prospective operation, unless the purpose and intention of the
legislature to give them a retrospective effect is expressly declared or is necessarily
implied from the language used; and that every case of doubt must be resolved
against retrospective effect. These principles also apply to amendments of statutes.

Gallardo vs. Borromeo

Agrarian Relations; Tenancy; Retroactivity; Republic Act 6389 cannot be given
retroactive effect in the absence of a statutory provision for retroactivity or a clear
implication of the law to that effect.

Same; Same; Same; Same; Ejectment; Since Congress failed to express an intention to
make RA 6389 retroactive, it may not apply to ejectment cases then already pending
adjudication by the courts.

Balatbat vs. Court of Appeals

Labor Law; RA 6389; Section 7 of RA 6389 cannot be given retroactive effect.
Congress failed to express an intention to make RA 6389 retroactive and to cover
ejectment cases on the ground of personal cultivation then pending adjudication by
the Courts.

Same; Same; Statutory Construction; It is a rule in statutory construction that all

statutes are to be construed as having only a prospective operation unless the purpose
and intention of the legislature to give them a retrospective effect is expressly declared
or is necessarily implied from the language usedErectors, Inc. vs. National Labor
Relations Commission
Labor Law; Jurisdiction; Actions; The rule is that jurisdiction over the subject matter
is determined by the law in force at the time of the commencement of the action; In
March 1982, labor arbiters had jurisdiction over all cases involving employer-
employee relations including money claims arising out of any law or contracts
involving Filipino workers for overseas employment.

Same; Same; Same; Statutory Construction; Laws should only be applied

prospectively unless the legislative intent to give them retroactive effect is expressly
declared or is necessarily implied from the language used.

Same; Same; Same; Same; Curative Statutes; Curative statutes fall under the
exceptions to the rule on prospectivity of laws

Same; Same; Same; Same; Same; Statutes; E.O. No. 797 is not a curative statute and
the rule on prospectivity of laws should therefore apply to it.

Rotairo vs. Alcantara

Civil Law; Sales; The Subdivision and Condominium Buyers Protective Decree (P.D.
No. 957); Subdivisions; Condominiums; The retroactive application of Presidential
Decree (PD) No. 957 to transactions entered into prior to its enactment in 1976 is
already settled.

Same; Same; Same; As between two (2) transactions concerning the same parcel of
land, the registered transaction prevails over the earlier unregistered right.

Same; Land Registration; Section 51 of the Land Registration Act further states that
every conveyance, mortgage, lease, lien, attachment, order, decree, instrument, or
entry affecting registered land, if registered be notice to all persons from the time of
such registering.

Quirog vs. Aumentado

Administrative Law; Civil Service Commission; Appointments; Parties; Both the

appointing authority and the appointee are equally real parties in interest who have
the requisite legal standing to bring an action challenging a Civil Service
Commission (CSC) disapproval of an appointment

Same; Same; Same; Statutory Construction; 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 a
retrospective effect is expressly declared or is necessarily implied from the language
used.

Same; Same; Same; Midnight Appointments; The constitutional prohibition on so-

called midnight appointments, specifically, those made within two (2) months
immediately prior to the next presidential elections, applies only to the President or
Acting President; The ruling in De Rama v. Court of Appeals, 353 SCRA 95 (2001),
does not mean that the raison dtre behind the prohibition against midnight
appointments may not be applied to those made by chief executives of local
government units.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JAVIER MORILLA

Same; Same; Same; Penalties; Reclusion Perpetua; The penalty for illegal
transportation of shabu was further amended in Republic Act No. 7659, where the
penalty was changed to reclusion perpetua to death and a fine ranging from five
hundred thousand pesos to ten million pesos

People vs. Mejeca

Same; Same; Robbery with Homicide; Ex Post Facto Laws; Statutes; Republic Act
(R.A.) No. 8294; Aggravating Circumstances; Use of Unlicensed Firearm; It is
fundamental that laws shall have no retroactive effect, unless the contrary is
provided; Insofar as R.A. No. 8294 is not beneficial to the accused because it unduly
aggravates the crime, such new law will not be given retroactive application, lest it
acquire the character of an ex post facto law.

Ocampo vs. Court of Appeals

Remedial Law; Evidence; New rule on demurrer to evidence, given retroactive effect;
Procedural laws are retrospective

Same; Same; Same; In case at bar, petitioners demurrer to evidence was not filed
with prior leave of court

Yakult Philippines vs. Court of Appeals

Remedial Law; Separate Civil Action; Quasi-Delict; The rule requiring prior
reservation of the right to institute a separate civil action also covers quasi-delict as
defined under Art. 2127 of the Civil Code

Same; Same; Same; Institution of a separate civil action prior to the presentation of
prosecution evidence in the criminal case, with the judge handling the criminal case
duly informed of such institution, is even better than compliance with the
requirement of express reservation

Martinez vs. People

Same; Same; Same; It cannot be inferred from the provisions of the Rules of Court
that the restrictive policy enunciated by Sec. 16, Rule 41, of the 1964 Revised Rules of
Court was carried over to the 1997 Rules of Civil Procedure.

Actions; Parties; Pauper Litigants; Prior to the adoption of the 1997 Rules of Civil
Procedure, the Supreme Court has frowned upon appellate courts entertaining
petitions to litigate as pauper, holding that the question of whether a party-litigant is
so poor as to qualify him to litigate as pauper is a question of fact which is best
determined by the trial cour

Same; Rules of Procedure; Statutory Construction; Statutes regulating the procedure

of the courts will be construed as applicable to actions pending and undetermined at
the time of their passage.

Tan, Jr. vs. Court of Appeals

Remedial Law; Statutory Construction; Statute; 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

Same; Same; Same; The manner of exercising the right cannot be changed and the
change applied retroactively if to do so will defeat the right of redemption of the
petitioner which is already vested.

Diu vs. Court of Appeals

Katarungang Pambarangay Law; Statutes; Local Government Code; Presidential
Decree No. 1508 has been repealed by codification in the Local Government Code of
1991.

Same; Same; Same; Actions; There is substantial compliance with the law even
though no pangkat was constituted if the parties met at the office of the barangay
chairman for possible settlement yet the efforts of the barangay chairman proved
futile.

Same; Same; Same; Same; Pleadings and Practice; Statutory Construction; Statutes
regulating procedure in courts are applicable to actions pending and undetermined at
the time of their passagein that sense procedural laws are retrospective

Same; Same; Same; Same; Same; Same; Jurisdiction; The conciliation procedure
under Presidential Decree No. 1508 is not a jurisdictional requirement and non-
compliance therewith cannot affect the jurisdiction which the lower court had already
acquired over the subject matter and the defendant.

Briad Agro Development Corporation vs. Dela Serna

Labor; Executive Order No. 111 is a curative law intended to remedy a defect that
had attached to the provision subject of the amendment.

Same; Same; Jurisdiction to pass upon money claims concurrent between the
Secretary of Labor (or Regional Directors) and, the Labor Arbiters.

People vs. Ballagan

Dangerous Drugs Act; Evidence; Witnesses; The Supreme Court has consistently held
that the findings of facts of a trial judge should not be disturbed on appeal unless
certain facts of substance and value have been overlooked which, if considered, may
affect the outcome of the case.

Same; Statutes; R.A. 7659 (Heinous Crimes Law); The beneficent provisions of R.A.
7659 shall be given retrospective effect.

Same; Same; Same; Same; Same; Statutory Construction; Retrospective application

of the heinous crimes law in cases wherein the penalty of life imprisonment has
been imposed by the trial court would prove more burdensome upon the appellant
and would contradict the basic principle that all penal laws shall be interpreted in
favor of the accused.