REPORT no. 1 - The CIVIL CODE of the Philippines - ARTICLE 4

The CIVIL CODE
R.A. No. 386
ARTICLE 4
Reported by:

JOY G DE LOYOLA


MARY GRACE DE LUMBAN


ARTICLE 4
Law shall have no retroactive effect, unless the contrary is provided.

Concept of Retroactive or Retrospective Law
- one which looks backward or contemplates the past; one which is made to affect acts or transactions occurring before it came into effect, or rights already accrued, and which imparts to them characteristics, or ascribes to them effects, which were not inherent in their nature in contemplation of law as it stood at the time of their occurrence (Black on Interpretation of Laws, 380)

Prospective Operation of Laws 
All statutes are to be considered as having only a prospective operation, unless the purpose and intention of the lawmaking body give them a retrospective effect is expressly declared or is necessarily implied from the language used.

Usury Laws Prospectively Construed; consideration of Prior Occurrences Permitted
  • Usury laws are to be construed prospectively and not retrospectively
  • The courts may look into prior occurrences in order to understand the particular fact which is claimed to be a violation of the law, and in order to ascertain the criminal intent.
Constitutional considerations on ex post facto law and on a bill of attainder
The ex post facto law, a law that retroactively changes the legal consequences of actions those was committed.
a)      Which was innocent when done, criminal and punishes such action
b)      Which aggravates a crime
c)       Makes it greater punishment than the law annexed to the crime when it was committed
d)      Which alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender

Bill of Attainder is a legislative act which convicts persons and punishes them, for, crimes without judicial trial. The person who has committed treason or felony all his property is forfeited and cannot be inherit.
If the laws are nature of ex post facto or bill of attainder it should be avoided because it’s forbidden to our constitution. However, it should be noted that a bill of attainder or an ex facto is always retrospective; but not all retrospective laws are bills of attainder or ex post facto.

Statutes impairing vested rights
When the effect of giving to a statute a retrospective construction would be to make it destroy or impair vested rights, such construction will be avoided, and the statute will be held to apply to future acts and cases only, provided, that this can be done by any reasonable interpretation of the language used by the legislature

Statutes imposing penalties and liabilities
A statute imposing a new penalty or forfeiture, or a new liability or disability, or creating a new right of action, will not be construed as having a retrospective operation, if such consequences can fairly be avoided by interpretation.

Family Code is retroactive
The Family code is retroactive because of such manner that your rights acquired under the previous law cannot be defeated by the enactment of a new law.




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