Remedial Law, Legal and Judicial Ethics, with Practical Exercises › General Principles

D. Applicability of Procedural Laws to Pending Actions

Application of procedural rules to pending actions; Exception

General Rule: The retroactive application of procedural laws does not violate any personal rights because no vested rights may attach to nor arise therefrom. (In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong, G.R. No. 150274, 2006).

Exception: The rule does not apply where the statute itself expressly or by necessary implication provides that pending actions are excepted from its operation, or where to apply it to pending proceedings would impair vested rights. Under appropriate circumstances, courts may deny the retroactive application of procedural laws in the event that to do so would not be feasible or would work injustice. (Tan v. CA, G.R. No. 136368, 2002).

Retroactive effect of the Rules on Criminal Procedure

Rules of criminal procedure are given retroactive application in so far as they benefit the accused. (People v. Buayaban, G.R. No. 112459, March 28, 2003).

Applicability

GR: It shall apply to all newly-filed criminal cases, including those governed by Special Laws and Rules, in the First and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals as of effectivity date. The Revised Guidelines shall also apply to pending criminal cases with respect to the remainder of the proceedings.

XPN: Unless otherwise specified, it shall not apply to criminal cases filed under the Rules on Summary Procedure.

Authorities

  • In the Matter to Declare in Contempt of Court Hon. Simeon A. Datumanong in the Latter'"S Capacity…, G.R. No. 150274, 6 August 2006
  • People v. Buayaban, G.R. No. 112459, 28 March 2003
  • Rules of Criminal Procedure
  • Tan v. CA, G.R. No. 136368