C. Retroactivity of Laws

C. Retroactivity of Laws (Civil Code, art. 4); Vested Rights Principle

> Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

Laws shall have no retroactive effect, unless the contrary is provided. (NCC, Art. 4)

Retroactive law - A legislative act that looks backward or contemplates the past, affecting acts or facts that existed before the act came into effect. (Black’s Law Dictionary, 2009)

Retroactive effect of laws

General rule: Laws have no retroactive effect, unless the contrary is provided (Civil Code, Art. 4). The law looks forward, not backward.

Exceptions: Retroactivity must be provided by law or supported by the applicable doctrine, and remains subject to constitutional protections and vested rights (1987 Constitution, Art. III, Secs. 1 and 10).

• Interpretative statutes, when applicable doctrine supports retroactive application;
• Curative statutes, when applicable doctrine supports retroactive application;
• Remedial or procedural laws, subject to the qualification below;
• Laws that expressly provide for retroactive application, subject to constitutional limits; and
• Penal laws favorable to the accused, provided the accused is not a habitual delinquent.

Note on procedural laws: Statutes governing court procedure are construed to apply to actions still pending and unresolved when they take effect. They are retrospective only in that sense and to that extent. Mun. Gov’t of Coron v. Carino, G.R. No. 65894, July 28, 1987.

Exceptions to the exception:

If the application of the retroactive law:

• Impairs obligation of contracts;
• Is in the nature of ex post facto law or a bill of attainder;
• Divests vested rights; or
• Is constitutionally forbidden. (Black’s Law Dictionary, 2009)

NOTE: In case of doubt, laws apply prospectively.

Q: Accused-appellant Belen Mejares was adjudged guilty of the crime of qualified theft of cash and jewelry amounting to P1,056,308.00. Meanwhile, on August 29, 2017, the President signed into law R.A. No. 10951 that sought to help indigent prisoners and individuals accused of committing petty crimes. It also increased the baseline amounts and values of property and damage to make them commensurate to the penalties meted on the offenses committed in relation to them. Should the penalties under the new law benefit Mejares?

A: YES. R.A. No. 10951 has since come into effect during the pendency of this case. Section 100 of R.A. No. 10951 gives the Act retroactive effect only to the extent favorable to the accused or a person serving sentence by final judgment. Section 100 adds that this retroactivity applies not only to persons accused of crimes but have yet to be meted their final sentence, but also to those already "serving sentence by final judgment." This retroactivity is in keeping with the principle already contained in Article 22 of the RPC that “penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony.”

Given these circumstances, it is proper for this Court to adjust the penalty to be imposed on accused-appellant. (People v. Mejares, G.R. No. 225735, October 29, 2018, as penned By J. Leonen)