STATUTES

GIVEN
PROSPECTIVE
EFFECT

9.06. PENAL STATUTES, GENERALLY

General rule:
Penal laws or those which define offenses and prescribe
penalties for their violation operate prospectively

Art. 21 RPC:
No felony shall be punishable by any penalty not
prescribed by law prior to its commission

 Provision is recognition to the universally accepted principle that

no penal law can have a retroactive effect, 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.
Nullum crimen sine poena, nulla poena sine legis
a

- there is no crime without a penalty, there is no penalty without

law.

9.06 EX POST FACTO LAW

The constitution provides that no ex post facto law
shall be enacted. It also prohibits the retroactive
application of penal laws which are in the nature of ex
post facto laws.
An ex post facto law is any of the following:
1. 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 makes greater than it was,
when committed

3. Which changes the punishment and inflicts a greater punishment

than that annexed to the crime when committed
4. Which alters the legal rules of evidence and authorize conviction
upon less or different testimony than the law required at the time of
the commission of the offense
5. Which assumes to regulate civil rights and remedies only but in
effect imposes a penalty or deprivation of a right for something
which when done was lawful
6. Which deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as protection of a
former conviction or acquittal, or a proclamation of amnesty

 Test if ex post facto clause is violated:

- Does the law sought to be applied retroactively take from an
accused any right vital for protection of life and liberty?
Scope: applies only to criminal or penal matters
It does NOT apply to laws concerning civil proceedings generally, or
which affect or regulate civil or private rights or political privilege

Alvia v. Sandiganbayan
Law: as of the date of the effectivity of this decree, any
case cognizable by the Sandiganbayan is not an ex
post facto law because it is not a penal statute nor
dilutes the right of appeal of the accused.

9.06 BILL OF ATTAINDER

Constitution provides that no bill of attainder shall be enacted.
Legislative act which inflicts punishment without judicial trial
Essence:
-substitution of a legislative for a judicial determination of guilt

Serves to implement the principle of separation of powers by

confining the legislature to rule-making & thereby forestalling
legislative usurpation of judicial functions.
History:
-Bill of Attainder was employed to suppress unpopular causes & political
minorities, and this is the evil sought to be suppressed by the Constitution.

 How to spot a Bill of Attainder:

o Singling out of a definite minority
o Imposition of a burden on it
o A legislative intent
o retroactive application to past conduct suffice to stigmatize
Bill of Attainder is objectionable because of its ex post facto
features.
Accordingly, if a statute is a Bill of Attainder, it is also an ex
post facto law.

9.09. WHEN PENAL LAWS ARE

APPLIED RETROACTIVELY
Penal laws cannot be given retroactive effect, except when they
are favorable to the accused.
Art.22 of RPC penal laws shall have a retroactive effect insofar
as they favor the person guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 Art 62 of the Code ,
although at the time of the application of such laws a final
sentence has been pronounced and the convict is serving the
same.
This is not an ex post facto law.

 Exception to the general rule:

- all laws operate prospectively.
Rule is founded on the principle that:
- the right of the state to punish and impose penalty is based on
the principles of justice.
Favorabilia sunt amplianda, adiiosa restrigenda
- conscience and good law justify this exception.
Exception was inspired by sentiments of humanity and accepted
by science.

 2 laws affecting the liability of accused:

o In force at the time of the commission of the crime during
the
pendency of the criminal action, a statute is passed
reducing the degree of penalty
eliminating the offense itself
removing subsidiary imprisonment in case of insolvency to pay
the civil liability
prescription of the offense
- such statute will be applied retroactively and the trial court
before the finality of judgment or the appellate court on
appeal from such judgment should take such statute in
consideration.
o Enacted during or after the trial of the criminal action

Director v. Director of Prisons

When there is already a final judgment & accused is serving
sentence, remedy is to file petition of habeas corpus, alleging that
his continued imprisonment is illegal pursuant to said statute &
praying that he be forthwith released.
Exceptions to the rule:
o When accused is habitual delinquent
o When statute provides that it shall not apply to existing actions or pending
cases
o Where accused disregards the later law & invokes the prior statute under
which he was prosecuted.

 General rule:
- An amendatory statute rendering an illegal act prior to
its enactment no longer illegal is given retroactive effect
does not apply when amendatory act specifically
provides that it shall only apply prospectively.

9.10. STATUTES SUBSTANTIVE

IN NATURE
Substantive law
o creates, defines or regulates rights concerning life, liberty or
property, or the powers of agencies or instrumentalities for
administration of public affairs.
o that part of law which creates, defines & regulates rights, or
which regulates rights or duties which give rise to a cause of action
o that part of law which courts are established to administer
are

o when applied to criminal law: that which declares which acts

crimes and prescribe the punishment for committing them

o Cannot be construed retroactively as it might affect previous

or past rights or obligations

 Substantive rights
o One which includes those rights which one enjoys under the
legal system prior to the disturbance of normal relations.
Whether a rule is procedural or substantive, the test is whether
the rule really regulates procedure. If it takes away a vested right,
it is not procedural. If it creates right such as the right to appeal,
it is substantive, but if it operates as a means of implementing an
existing right it is merely procedural
Procedural rules are retroactive and are applicable to actions
pending and undermined at the times of the passage of the
procedural law, while substantive laws are prospective.

9.11. EFFECTS ON PENDING

ACTIONS
Statutes affecting substantive rights may not be given retroactive
operation so as to govern pending proceedings in the absence of a clear
legislative intent to the contrary.

Republic v. Prieto
Where a complaint pending in court is defective because it did not allege
sufficient action, it may not be validated by a subsequent law which
affects substantive rights and not merely procedural matters.
Rule against the retroactive operation of statutes in general applies more
strongly with respect to substantive laws that affect pending actions or

proceedings.

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.
To promote social justice or in the exercise of police power, is
intended to apply to pending actions
As a rule, a case must be decided in the light of the law as it exists
at the time of the decision of the appellate court, where the statute
changing the law is intended to be retroactive and to apply to
pending litigations or is retroactive in effect
This rule is true though it may result in the reversal of a judgment
which as correct at the time it was rendered by the trial court. The
rule is subject to the limitation concerning constitutional
restrictions against impairment of vested rights