Chapter 9 – Prospective and Retroactive Statutes

Prospective - operates upon facts or transactions that occur after the statute takes effect, one that looks
and applies to the future.

 General Rule: statutes are to be construed as having only prospective operation, unless
the intendment of the legislature to give them a retroactive effect is expressly declared
or is necessarily implied from the language used.
 A sound canon of statutory construction is that a statute operates prospectively, unless
the legislative intent to the contrary is made manifest either by the express terms of the
statute or by necessary implication.
 A statute ought not to receive a construction making it retroactive, unless the words are
so clear, strong, and imperative that no other meaning can be annexed to them, or
unless the intention of the legislature cannot be otherwise satisfied.
 No court will hold a statute to be retroactive when the legislature has not said so.
 Civil Code, Article 4, “Laws shall have no retroactive effect, unless the contrary is
provided”
 Lex prospicit, non respicit, the law looks forward, not backward
 Lex de future, judex de praeterito the law provides for the future, the judge for the
past.
 Nova constitution futuris formam imponere debet non praeteritis – A new statute
should affect the future, not the past.
 Reason: the law looks to the future only, and has no retroactive effect unless the
legislature may have formally given that effect to the law

WORDS OF PHRASES INDICATING PROSPECTIVITY

 “Hereafter”, “thereafter”, “to take effect immediately or at a fixed future date”, where a statute
contains, in the enacting clause, the phrase “from and after the passing of this Act” a designated
date, the statute is prospective in operation only.
 “Shall” – effective only in the future
 “shall take effect upon its approval,” “on the date the President shall have issued a proclamation
or executive order”
Retroactive – creates a new obligation, imposes a new duty or attaches a new disability in respect to a
transaction already past.

 In legal sense, it is one which takes away or impairs vested rights acquired under
existing laws, or creates a new obligation and imposes a new duty, or attaches a new
disability in respect of transactions or considerations already past.

Presumption against retroactivity: All laws operate prospectively, unless the contrary clearly appears or
clearly, plainly, and unequivocally expressed or necessarily implied.

 On every case of doubt, the doubt will be resolved against the retroactive operation of
laws.
 Where a statute is susceptible of a construction other than that of retroactivity, or
where a retroactive application will render the law unconstitutional, the statute will be
given a prospective effect and operation.
 The presumption applies whether the statute is in the form of an original enactment, an
amendment, or a repeal.
 The presumption against the retroactive operation of statutes is stronger with reference
to substantive laws affecting pending actions or proceedings. It has accordingly been
held that, unless the contrary clearly appears, no substantive statute shall be so
construed retroactively as to affect pending litigations

RETROACTIVE STATUTES

 The Constitution does not prohibit the enactment of retroactive statutes which do not impair
the obligations of contract, deprive persons of property without due process of law, or dives
rights that have become vested, or which are not I the nature of ex post facto laws.
 Whether a law is to be construed to have a retroactive effect is a question of legislative intent.
 Some statutes are, by their nature, intended to be retroactive, such as remedial or curative
statutes as well as statutes which create new rights.
 When the clear language of the law applies it retroactively, the problem of statutory
construction is not whether it will be construed to operate retroactively as the language of the
law leaves no doubt as to what it says, but whether the statute as applied retroactively violates
any of the constitutional restrictions.
 If it does violate the constitution, it will not be applied or construed retroactively so as to avoid
the frontal clash with the constitution and save the law from being declared unconstitutional.

B. STATUTES GIVEN PROSPECTIVE EFFECT

 Article 21, RPC, “no felony shall be punishable by any penalty not prescribed by law prior to its
commission”
 No penal law can have a retroactive effect, no law can be held 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, there is no crime without a penalty, and
there is no penalty without a law.

Ex Post Facto Law

 A law which makes criminal an act done before the passage of the law and which was innocent
when done, and punishes such act
 A law which aggravates a crime, or makes it greater than it was, when committed
 A law which changes the punishment and inflicts a greater punishment than that annexed to the
crime when committed
 A law which alters the legal rules of evidence, and authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense
 A law which assumes to regulate civil rights and remedies only, but in effect imposes penalty or
deprivation of a right for something which when done was lawful
 A law which deprives a person accused of a crime of some lawful protection to which he has
become entitled, such ass protection of a former conviction or acquittal, or proclamation of
amnesty.
 Test: Does the law sought to be applied retroactively take from an accused any right that was
regarded at the time as vital for the protection of life and liberty? If so, the law may be regarded
as ex post facto law.
 The prohibition against ex post facto law is limited only to criminal or penal matters, and not to
laws which concern civil proceeding, or which affect or regulate civil or private rights or political
privilege.

Bill of Attainder

 A legislative act which inflicts punishment without judicial trial. Its essence is the substitution of
a legislative for a judicial determination of guilt.
 The Constitution prohibits it for the purpose of upholding the separation of powers, confining
the legislative to rule-making.
 A bill of attainder is essentially an ex post facto law.

 “Penal laws cannot be given retroactive effect except when they are favorable to the accused”
Article 22, RPC.
 Favorabilia dun amplianda, adiosa restringenda – the exception was inspired by sentiments of
humanity, and accepted by science.
 Two laws affecting the liability of the accused: (a) one in force at the time of the commission of
the crime; (b) the other enacted during or after the trial of the criminal action.
 Exception to the exception: Does not apply when the accuse is a habitual delinquent, where the
later statute expressly provides that it shall not apply to existing actions or pending cases, where
the accused disregards the later law and invokes the prior statute under which he was
prosecuted.
STATUTES SUBSTANTIVE IN NATURE

 One which creates, defines or regulates rights concerning life, liberty or property, or the powers
of agencies or instrumentalities for the administration of public affairs.
 Generally prospective unless the contrary is provided.
 Procedural or substantive: whether the rule really regulates procedure, that is, the judicial
process for enforcing rights and duties recognized by substantive law and for justly
administering remedy and redress for a disregard or infraction of them.
 If it takes away vested rights, it is not procedural.
 If the rule creates right such as the right to appeal, it is substantive; but if it operated as a means
of implementing an existing right then the rule deals merely with procedure.
 Procedural rules are generally retroactive and are applicable to actions pending and undermined
at the time of the passage of the procedural law.