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

1.) Reason why Laws in general are prospective

Effectivity of Law from Perspective of time
-This article treats of the effectivity of a law from the point of view of a time line.
Retroactive - if such law is made to apply to an act committed before its effective date.
Prospective – If the law is made to apply only to acts committed after its effective date.
R.A. 9286 is silent as to the retroactivity of the law on pending cases and must therefore be taken to be
of prospective application.
When retrospective application of law allowed
- If the rule was that laws were retroactive, grave injustice would occur for these laws would punish
individuals for violations of laws not yet enacted.
-Retrospective operation of a law is allowed when the purpose and intention of the legislature to give it a
retrospective effect is expressly declared or is necessary implied from the language used.

“Judge-made laws”
The rule on prospectivity of laws applies to doctrines laid down by the Supreme Court.
-Because they form part of the legal system of the Philippines accrdg to Article 8.

Examples:

 If the laws themselves provide for retroactivity

The War Profits Tax Law
-Imposed certain taxes on profits made during the Japanese Occupation or WWII
-Code shall take effect (retroactively) insofar as it does not prejudice or impair vested / acquired in
accordance w/ the civil code or other laws.

 If the laws are remedial in nature

Remedial Law – part of the law that details the methods for enforcing our rights.
-The section provides for the procedure in case an assessment is protested.
-It does not create new or take away vested rights.
-applying it to pending proceedings would not impair vested rights.
-They only operate in furtherance of the remedy or confirmation of rights already existing.
ART. 2258 provides that procedural statutes apply to the enforcement of rights vested, under the old
law.

 If the Statute is penal in nature provided:

-It is favourable to the accused / convict.
-Insofar as the accused/ convict is not habitual delinquent.
Habitual delinquent – A person who does an immoral act regularly.
Ex. Statutes w/c lightens the penalty / completely extinguish liability.

 If the laws are of an emergency nature & are authorized by the police power of the government

 If the law is curative (for the precise purpose is to cure errors or irregularities)
-must not impair vested rights/affect final judgements.
-These are enacted to cure defects in a prior law.
-Their purpose is to give validity to acts done that would have been invalid under existing laws as if
existing laws have been complied with.
P.D. No. 1691 – a curative statute which corrected the lack of jurisdiction of the Labor arbiter at the start
of the proceedings.

 If a substantive right be declared for the first time, unless vested rights are impaired.
-It shall be effective at once even though the act that gives rise thereto may have been done or have
occurred under the prior legislation.
Vested rights- right/interest to property that has become fixed & established that is no longer open to
controversy.

Constitutional Prohibition

The Bill of Rights –is a declaration and enumeration of the individual rights and privileges which the
Constitution is designed to protect against violations by the government or by individuals or group of
individuals.
-Its states that no law impairing the obligations of contracts shall be passed and further provides that no
ex post facto law shall be enacted.

Ex post facto law is generally one which makes criminal an act done before the passage of the law and
which was innocent when done.
-or one which punishes such an act or aggravates a crime, or makes it greater than it was when
committed.
-Changes the punishment and inflicts a greater punishment than the law annexed to the crime when
committed.
-Deprives a person accused of a crime of some lawful protection to which he has become entitled such
as the protection of a former conviction or acquittal, or a proclamation of amnesty.

Administrative Code of 1987 states that “Laws shall have prospective effect unless the contrary is
expressly provided.”
ART.5. Acts executed against the provisions of mandatory or prohibitory laws shall be void,
except when the law itself authorizes their validity.

-This article speaks of the effects of acts committed not in accordance with law. The effects
depend on the nature of the law against which such act is executed.
Mandatory law -connotes that the act required shall not be done otherwise than designated.
Language of the statute contains negative words or shows that the designation of the time was
intended as a limitation of power, authority or right.
Permissive law -is one that allows certain acts but does not command them. It allows discretion
in performing the act.
Directory provision – when the statute specifies the time at or w/in w/c an act is to be done by
a public officer or body.
Constitutional provisions are directory not mandatory because they refer to matters merely
procedural.

The legal distinction between mandatory and directory laws is applicable to fundamental as it is
to statutory laws.

The term “shall” may be read either as mandatory or directory depending upon a consideration
of the entire provisions in which it is found.

Meaning of VOID
Void means not existing in the eyes of the law, that is of no effect, and no legal force and cannot
be enforced.
A void act produces no rights, imposes no duties and affords no protection

There are instances when the law authorizes their validity.

Examples:

 When the law makes the act not void, but merely voidable (valid unless annulled)
Annulled – To void, cancel, to make as if something never existed retroactively.
 When the law makes the act valid, but subject the wrong doer to criminal responsibility.
 When the law makes the act itself void, but recognizes some legal effects arising therefrom.
 When the law makes certain acts valid although generally they would have been void.
ART.6. Rights may be waived unless the waiver is contrary to law, public order, public policy,
morals or good customs, or prejudicial to a third person with rights recognized by law.

Waiver covers any conceivable rights, it is the general rule that a person may waive any matter which
affects his property and any alienable right or privilege of which he is the owner or which legally belongs
to him, and does not affect others.

Exceptions:
 When the waiver is contrary to to law, public order, public policy, morals or good customs
 When the waiver is prejudicial to a third person with rights recognized by law

Art 6 deals with the waiver of rights, not waiver of obligations and duties – possible only if the person
possessing certain rights and the resultant obligations or duties waives the said rights

Definitions :
Rights – the power or privilege given to one person and as a rule demandable of another.

2 subjects of rights:
Active Subject- the person entitled.
Passive Subject-The person obliged to suffer the enforcement of the right.

Rights may be :
Real Rights- enforceable against the whole world (absolute right-
Personal Rights-enforceable against a particular individual (relative rights- Those to which a person is
entitled in consequence of his relation with others)

Waiver- the intentional / voluntary relinquishment or abandonment of a known existing legal right,
advantage or benefit may be expressed or implied.

Requisites For a valid waiver.

 The person waving must be capacitated to make the waiver
 The waiver must be made clearly, but not necessarily express.
 The person waiving must actually have the right w/c he is renouncing.
 The waiver must comply w/ the formalities of a donation
 The waiver must not be contrary to law
 The waiver must not prejudice others.

Rights that cannot be renounced

 Natural rights, such as the right to life (liberty)
 Alleged rights w/c really do not exist yet
-future inheritance cannot be renounced
 Those that renunciation of w/c would infringe upon public policy
Example : The right to be heard in court.
 When the waiver is prejudicial to a third person w/ a right recognized by law.

Rights that can be renounced

 The right of the accused to be helped by counsel may also be waived, provided, the judge informs
said accused of his rights.
 The right of the accused in a criminal case to have a preliminary investigation may be waived.
 The venue of actions (place where the action should take place) except the court’s jurisdiction.

ART.7. Laws are repealed only by a subsequent one. The violations and non-observance shall
not be excused by disuse, or custom or practice to the contrary.

When the courts declare the law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or Constitution.

This Article speaks of a law no longer effective or one that cannot be applied anymore

Sources of Laws
 Constitution
 Laws
 Administrative/executive acts
 Orders and regulations

Laws are Repealed (modes)

 Expressly (said / given in a clear way)
-Identifies or designates the Act or Acts that are intended to be repealed.
 Impliedly (To suggest in an indirect way. To include or involve something)
-There is no specific express repealing clause.
 (Insofar as there are inconsistencies between a prior and a subsequent law)

The Civil code Repeals:

 The Civil code of 1889
 The code of Commerce provisions on sales, partnership, agency, loan.
 The provisions of the code of Civil procedure on prescription as far as they are inconsistent w/ the
new civ code.
 All Laws, acts, parts of acts, Rules of courts, e.o. , inconsistent with the new civ code.
Special law prevails over general law. The former will control the latter without regard to the respective
dates of passage.

Rule for general & Special Law

 If the general law was enacted prior to the special law, the special law is considered an exception to
the gen law.
 If the general law was enacted prior to the special law, the latter will remain unless:
- There is an express declaration to the contrary
- There is a clear conflict
- The gen law covers the whole subject & is clearly intended to replace the special law.

Effect if the repealing law is itself repealed.

 When a law w/c expressly repeals a prior law is itself repealed, the law first repealed shall not be
thereby revived, unless expressly so provided.
 When a law w/c repeals a prior law, not expressly but by implication, is itself repealed, the repeal of
the repealing law revives the prior law, unless the language of the repealing statute provides
otherwise.

Executive Fiat cannot correct a mistake in the Law but by another legislation.

Lapse of Law - The expiration of the effectiveness period of a law.

Collateral attack
An attempt to impeach or overturn a judgment rendered in a judicial proceeding, made in a proceeding
other than within the original action or an appeal from it.
-A legal action to challenge a ruling in another case

Ground for declaring a law unconstitutional

 The enactment of the law may not be w/in the legislative powers of the law making body
 Arbitrary methods may have been established
 The purpose/ effect violates the constitution or its basic principles.

Constitutionality of a law or E.O. may not be collaterally attacked. They shall be deemed valid unless
declared null and void by a competent court.

“Operative Fact” Doctrine

When a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid
and must be complied with.
GLOSSARY

Executive Order- an official directive from the president providing for rules in implementation or
execution of constitutional/statutory powers.

Administrative Law/orders– created by and governs administrative agencies or specific parts of the
government.

General Orders- Acts & commands of the president in his capacity as commander-in-chief of the armed
forces of the Philippines.

Publication- the act or process of printing the said.

Circulation- The act of passing the said from person to person.

Substantive rights- are basic human rights possessed by people in an orderly society and include rights
granted by natural law as well as substantive law. Ex. Life, liberty/happiness.

Procedural Law/Rules of court- consists of the set of rules that govern the proceedings of the court in
criminal lawsuits, civil and admin procedures .

Substantive law - deals w/ the legal rel between people/people & states, rights& duties.

Remedial Law- Part of the law that details the methods for enforcing your rights.

Arbitrary- depends on the will of the judge not regulated or established by law .

Constitution – the fundamental law of the state that contains the principles of the government