Scribd Logo
Upload

Welcome to Scribd!

  • Statcon Lecture Finals

    Uploaded by

    Rex Philip Luciano
    12 views15 pages

    Original Title

    STATCON-LECTURE-FINALS

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    12 views15 pages

    Statcon Lecture Finals

    Uploaded by

    Rex Philip Luciano

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 15
    7th week Use of Negative Words The use of the word “May” and “Shalt” in the Statute Use of the Word “Must” ‘The use of the terms “And” and the word “Or” Computation of Time Function of the Proviso Punctuation and Grammar: An Aid to Construction US s Hart, G.R. No. L-8848 Case Digest November 21, 1913 ‘athweek Presumptions in Aid of Construction and Interpretations of Presumptions Against Constitutionality Against Injustice ‘Against Ineffectiveness ‘Against Absurdity ‘Against implied Repeals ‘Maxim of the Day: (© Leges posteriors priores contrarias abrogant ‘Sth week Intrinsic Aids in Construction and Interpretation Extrinsic Aids in Construction and Interpretation Strict and Liberal Construction and interpretation of Statutes Floresca v. Phifes Mining, G.R. No. L-30642, April 30, 1985 Republic Vs. CA and Molina, GR. No, 108763, Feb. 13, 1997 week Prospective and Retrospective Statutes Penal Statutes Curative Statutes Conflicting Statutes ‘Statute and ordinance “ith week Construction and interpretation of the Constitution Self-executing provisions; Exceptions Literal and Strict interpretation Given to Prohibitory Provisions Liberal Construction of One Title-One Subject ‘Maxim of the Day: (© Lex specials derogant generali © Suprema Lex © Dura ex sed lex WEEK ‘2 Negative words and phrases regarded as mandatory, '* while those affirmatives are mere directory. ‘© The use of the term "shall" further emphasize its mandatory character and means that itis imperative, ‘operating to impose a duty which may be enforced Juences that would follow from construing it ‘one way or the other * Use of the word in the statute generally notes ad poerats to confer + tile the word all is Imperative, operating to impose a duty which may be enforced \USE OF THE WORD “MUST” © The word "must ina statute js not always imperative and may be consistent with an exercise discretion ‘THE USE OF THE TERM "AND” AND THE WORD “OR” > Sanat) or thatthe latter is to be along with the first. = or Its also used to clarify what has already nother word’, been said, and in such cases, means “owl” oats COMPUTATION OF TIME © When the laws speak of years, months, days or nights, it shall be understood that years are of (365) three hundred sixty Five days each. YEAR = 365 days MONTH -30 days Day = 24hours NIGHT -sunset to sunrise ‘© tfmonths are designated by their name, they shall be ‘computed by the number of days which they respectively have, — January -31 days = February -28 days in a common year and -29 days in leap years ‘© Incomputing a period, the first day shall be excluded, ‘and the last day included (Art. 13, New Civil Code). + A Sweekt means a period without regard to the day of the week on which ft begins. ‘+ Proviso is a.clause or part of a clause in the statute, the office of which is either to except something from the enacting clause, or to qualify or restrain its enerality, oF to exclude some possible ground of ‘misinterpretation ofits extent. © "Provided! is the word used in introducing a praviso. PUNCTIATION & GRAMMAR AS AN AID TO CONSTRUCTION Semé- colon (3) — separation in the relation of the thought — adecree greater than that expressed.by-a.comma — what follows a semi-colon must have a relation to the same matter which precedes it Period (.) = indicate the end of a sentence ‘Comma () — to divide sentences/ parts of sentences ‘GRAMMAR AS AN AID TO CONSTRUCTION «Grammatical erorsshall not vtiate a statute. + TrASOTSE RR oe pesune to be trem 82 the-legislature and are to he followed_in_the op of a statute, unles the legislative intent ‘beviolated, or inconvenience or absurdity esut ‘RATIONALE: © When the meaning of a legislative enactment is in auestion, iti if pose elena, ot sot construction of the statute which will give it effect. ‘Moreover, ascertaining the consequences flowing from such a construction of the Faw is also helpful in determining the soundness of the reasoning WEEK-8 ‘What is PRESUMPTIONS: +m construing an ambiguous statute, the Courts will, 1me that it was the intention ofthe legislature to ‘enact a valid, sensible and just law, and one which should change thi ‘on further than may be ‘necessary to effectuate the specific purpose of the act in question. ‘+ Construction should _be_in_harmony assumption whenever possible. ‘+ But presumptions cannot prevail against the clear explicit terms of the law. PRESUMPTION AGAINST UNCONSTITUTIONALITY Laws are presumed constitutional. To justify nullification of a aw, there must be a clear and unequivocal breach of the constitution, not a doubtful and argumentative implication. this Presidential Decree 771 is constitutional. ‘The time-honored doctrine is that all laws are presumed valid and constitutional unti or unless otherwise ruled by the court. PRESUMPTION AGAINST INJUSTICE ‘The law should never be interpreted in such a way as to cause injustice as this is never within the legislative intent, for we presume the good motives ofthe legislature to render justice. ‘baw and justice ate insenarable Some taws while generally valid may seem arbitrary when applied in a particular case because of its peculiar circumstances. In such situatians, we are not bound to apply them just the same in slavish obedience In requiring written notice, the redemptioner must be properly, ‘notified ofthe sale and to indicate the date of such notice as, the starting time of the 30-day period of redemption, (PRESUMPTION AGAINST INEFFECTIVENESS It is presumed that legislature intends to impart to its ‘enactment such as a meaning as will render them operative and effective, and to prevent persons from eluding or defeating, {tis rule in statutory construction that every part of the statute ‘must be interpreted with reference to the context. PRESUMPTION AGAINST ABSURDITY ‘+ Statues must receive a sensible construction such as will five effect to the legislative intent so as.to avoid an unjust and absurd conclusion. © Undesirable consequences were never intended by legistative measure. +A law should not be interpreted so as not to cause injustice. Repeal of Statute ‘Recalling or revoking of statute. tt is the abrogation of statute by another. '* The question of whether a particular law has been repealed or not by a subsequent law is a matter of legislative intent. Express Repeal -adeclaration in the statute, usually in its repealing clause. Implied Repeal one which takes place when a new law contains provisions which are contrary to, but not expressly repeal those of a forme aw ji ‘Modes of Imptied Repeal: * By covering the whole subject matter, * Inconsistent and_irreconeifable provisions with the General law will not ordinarily be construed as repealing and earlier special law, except: © Where 2 different legislative intent is clearly ‘manifested, * Where the general act said a general revision of ‘aundale subiect intended to contain all the law on the matter. © Where the two acts are so repugnant and irreconcilable as to indicate legislative intent that ‘one should repeal or modi ther. Repeal of AMENDED ACTS carried with it the repeal of the amendments. Implied repeal of PENAL ACT * By an act intended to be a cotification of existing laws on the subject matter; if the provisions of a Sisapees PO Ta cat be teamed ath those of prior penal act, the earlier is repealed by. PRESUMPTION AGAINST IMPLIED REPEALS Implied Repeals are not favored ‘The presumption _[s_against_inconsistency and ancy for the legislature is presumed to know ‘the existing laws on the subject and not to have enacted inconsistent or confiting statutes. © The two laws must be absolutely incompatible, and clear finding thereof must surface, before the interference of implied repeal may be drawn. * In the absence of an express repeal, a subsequent, an rued_as repealing a prior law unless an irreconcilable inconsistency and repugnancy exists in terms of the new and old laws. casea Ruling: in League of Cities ofthe Philippines, et.al vs. COMELEC, It was held that, “the legislative intent Is not at all times accurately reflected in the manner in which the resulting law is ‘couched. Thus, applying the verba legis or strictly literal interpretation of a statute may render it meaningless and ead to inconvenience, an absurd situation of injustice. To cbviate this aberration, and bearing in mind the principle that the intent or sprit of the law is the law itself, resort ‘should be to the rule that the spirit of the law controfs its letter" LEGAL MAXIM OF THE DAY. “Legs Posteriores Priores Contrarias Abrogant” A later statute which is repugnant to an earlier statute is ‘deemed to have abrogated the earlier one on the same subject matter. case2 Ruling: When two acts are inconsistent, that which has been made effective in an earlier date prevals. Statutes speak from the time they take effect, and from the time the have posteriorty. If passed to take effect at 2 future day, they are to construed, as @ general rule, as if passed on that day and ordered to take immediate effect. But asbetween two acts, ithas been held that the one passed fater and going into effect eartier will prevail over one passed earlier ‘and going into effect later. The question is one purely of legislative intent. ‘Commonwealth Act No. 559 containing provisions which are repugnant to the Rules of Court, may be presumed to have intended to repeal to the extent of the repugnance. Lees. osteriores priores contrarias abrogant, WEEK-9 INTRINSIC AID ~ those aids within the statute. ~ are resorted to only if there is ambiguity Generally, where the meaning of 2 statute Is ambiguous, ‘may avail itself ofall legitimate aids to onstruction in order that can ascertain the true intent of the. PREAMBLE ‘+ That part of the statute written immediately after its ttle which state the. "for the enactment of the law. 2800, oF Jurisdiction + Aithough not essential part of the statute, itis important hres ambit in the messing sna, it states the purpose, reason or justification for the _Snactment of the law, (CONTEXT OF THE WHOLE TEXT : 3m which to ascertain in the letslative Sat & the ; gentences, section, claus isions, taken as a whole and in a while relation to one another. PUNCTUATION MARK ‘+ itis the rule of legal hermeneutics that punctuation ‘marks are aids of low degree and can never controt _2gainstthe intellzible meaning of the written words. + “Itgives the statute a meaning which is reasonable, and jn accord with the will of the legislative ‘SEMI COLON (;) - becca ‘a separation in the relation of the jer than that expressed by a comma - se eee oe ee a el Pronounced | COMMA () ~ also separates the parts and sentences, but less ‘Peonoumced than the semicolon. PERIOD () ~ used tg indicate the end of a sentence = Itused to organize writing into clauses, phrases, and, ‘sentences and in this way make its meaning clear. (CAPITALIZATION OF LETTERS: = Also an aid of low degree in the construction of LANGUAGE / LINGUAL TEXT = Philippine laws - (English, Spanish or Filipino, or in two such languages) - Theruleisthat, unless otherwise provided, where a statute i officially promulgated in English and ‘Spanish, the English text shall govern, but in case of ‘ambiguity omission or mistake, the Spanish may be on oF eee He ope Hon Ege eat: HEADNOTES OR EPIGRAPHS. ~ They ore prefix ta sections or chapters of astatute for + Theyorepotpartofa atl, but pers catchworde of reference BXTRINSIC AIDS = existing ads from ~ are resorted to_sfter_exhausting all the available Intrinsic aids and still there remain some ambiguity in ‘the statute, !XTRINSIC AIDS RESORTED TOBY TE COURT AE; History of the enactment ofthe statute = Opinions and rulings of officials of the government. called upon to execute or implement administrative law 5 Sentemporancous construction by executive officer - Aqiual proceedings ofthe legislative body - Individual statements by me - And .the Author of the Iaw. * The reports and recommendations of Aetisiative committees + Construction by the bar EXTRINSIC AIDS, WHERE FOUND. * Extraneous facts and circumstances qutside the printed page ofthe statuts EXTRINSIC AIDS, ENUMERATED. + _History or realities existing at the time of the passage of the law Legislative proceedings ‘Changes in phraseology Prior laws and judicial decisions Contemporaneous and construction ‘Consequences of altemative interpretations Objects Purpose Expediency Occasion and necessity Remedy provided Conditions of the country to be affected + And other extrinsic matters EXTRINSIC AIDS TO CONSTITUTIONAL CONSTRUCTION L History or realities existing at the time of the adoption of the Constitution 2. Proceedings of the constitutional convention 3. Changes in phraseology 4. Prior laws and judicial decisions 5. Construction of US Constitutional provisions 6 Contemporaneous construction and writings 7. Consequences of alternative construction ‘8 Construction given by executive officers Pe cccccnasrees Facts: Ina petition for declaratory relief with ao respondents, petitioner asked the court f the provision of the Section 5 Article XVIl of the 1986 Constitution, to wit: “The six-year term of the incumbent President and Vice-President lected in the February 7, 1986 election is, for purposes of synchronization of etections, hereby extended to noon of lune 30, 1992," refers to the ther-incumbent President Corazon ‘Aquino and Vice-President Salvador Laurel or the previously- ‘lected President Ferdinand E. Marcos and Vice-President Arturo M. Tolentino. After the election of February 7, 1986 where Marcos ‘and Tolentino were dectared the winners, Aquino and Laurel ‘were installed into the position last February 25, 1986 after the infamous People Power Revolution. The next regular lection forthe President and Vice-President was held last May 2, 1992. Issue: Can we resort to proceedings right away? Ruling: No, resort to proceedings may only be had if other extrinsic aid fil tis a well-accepted principle that where a statute is ambiguous, courts may examine both the printed pages of the published Act as well as those extrinsic matters that may aid in construing the meaning of the statute, such as the history ofits enactment, the reasons of the passage of th esti er of the law or any ofits sion fof the law. ‘STRICT CONSTRUCTION ~ 15 that construction, according to the letter of a. statute which recognizes nothing that is not expressed, takes the language used in its exact ‘meaning, and admits no equitable consideration. ~ mule of strict construction fs not applicable where the ‘meaning of the in and ut for under these circumstances, there Is no need for ‘construction, UBERAL CONSTRUCTION ~ Equitable construction as will enlarge the letter of a statute to accomplish the intended purpose, carry Dutits intent, of promote social justice. ~The meaning of the statute may be extended to matters which come within the spirit oF reason of the Jaw or_within the evils which the law seeks to “Suppress or correct. Liberal interpretation or construction ofthe law or rules, however, appies only.in proper cases and under justifiable causes and circumstances. ‘PENAL STATUTES: Penal laws are to be construed strictly against the state and in favor ofthe accused. Hence, in the interpretation of a penal statute, the tendency is to sublect it to gapefulserutny and to constnue it with such sriciness as to safeguard the right of the accused. - Ifthe statute is ambiguous and admits of two: reasonable but contradictory constructions, that which operates in favor of a party accused under Rs provisions sto be preferred. TAX LAWS: = Taxation is a destructive power which interferes with the ar of the people and takes from them a portion oftheir property for the ‘of the - Accordingly, in case of doubt, tax statutes must be construed strictly against. the and Tberalfy Ia favor OF the ‘or taxes, being burdens, are not to be presumed beyond what the applicable statute expressly and clearly deciares. ~ Any claim for exemption from a tax statute ssyictly, ‘construed against the taxpayer and liberally in favor ofthe state. NATURALIZATION LAW = Naturalization laws forced and should be rigidly enforced Strictly construed in favor of the government and ‘against the applicant. INSURANCE LAW = Contracts of insurance are to be construed liberally in favor of the insured and strictly against the insurer. ‘Thus, ambiguity in the words ofan insurance contract should be interpreted In favor of fs beneficiary, LABOR AND SOCIAL LEGISLATIONS = Doubts in the interpretation of Workmen's ‘Compensation and Labor Code should be resolved in favor of the worker. It should be, ‘oattain their laudable objective, ie, to give relief to ‘the workman and/or his dependent in the event that ‘the former should die or sustain in an injury. = The sympathy of the law on social security és towards its heneficiaries and the law by its own terms, requires a construction of utmost liberality in thelr favor. [RETIREMENT LAWS = Retirement laws are liberal in favor of {the retiree because the intention is to provide forthe retiree’s sustenance and_comfort, when he is no longer capable of earning his livelihood. ELECTION RULES. «Statute providing for election contests are to be liberally construed to the end that the will of the in the choice of public officer may not be Gefeated by mere technical objections. [RULES OF CouRT = Rule of court shall be ierally construed in order to smote their of securing a just, ‘and ini di ‘of every action and Proceeding. Inthis case, the petitioners are the heirs of individuals. ‘who were employed by Philex Mining Corporation (Philex). ‘These employees, while participating In Pilex’s underground copper mining operations at Tuba, Benguet, lost their lives on June 28, 1967. ‘The incident occurred due to a cave-in within the mine's tunnels that was allegedly due to Philex’s failure to implement the necessary safety precautions to safeguard the lives ofits employees working in subterranean conditions. ‘The petitioners fled a complaint asserting that Philex failed to provide its men working underground the necessary security or the protection of their lives ‘On 14 May 1968, Philex filed a motion to dismiss the ‘ase. They argued that the causes of action of the petitioners. ‘were based on an industrial accident covered by the provisions of the Workmen's Compensation Act (WMC). Philex claimed that the former Court of First Instance has no jurisdiction aver the case. From June to December 1968, respondent iudge dismissed the case on the ground thatit falls within the exclusive jurisdiction of WMC. This petition is a request to review the order of the former Court of First instance of Manila, Branch Xil, dated 16 December 1968, which dismissed the complaint for damages ‘on the ground of lack of jurisdiction. a ‘Whether the lower court has jurisdiction over the cause of action since the complaint is based on the provisions ‘of the Civil Code on damages; and, + Whether the petitioners have a right of selection or choice of action between availing themselves of the ‘worker’ right under the Workmen's Compensation Act ‘and suing in the regular courts under the Givil Code for higher damages. The lower court hed jutedction tn t+ the cos, The ‘court noted that the petitioners are not invoking the provisions of the Workmen's Compensation Act. Instead, the complaint filed by the petitioners was a complaint for damages (actual, exemplary, and moral) pursuant tothe provisions of the Civil Code. Since Philex and the deceased employees entered into a contractual relationship, the alleged gross and reckless negligence, and the deliberate failure that amount to bad faith on the part of Philex, already constitutes a breach of ‘contract for which it may be held liable for damages + The petitioners’ filing for remedy with the ‘The court held that even though some ofthe petitioners had already received benefits under the Workmen's Compensation Act, this should not necessarily prevent ‘them from initiating legal action in the regular court.By way of review, the Workmen's Compensation Act ‘compensates for injuries or death without considering employer negligence. On the other hand, seeking damages under the Civil Code is about holting an employer responsible for reckless negligence causing death. Following this, the court determined that the petitioners’ initial choice of pursuing the benefits under the Workmen's Compensation Act was made due to Ignorance or mistake of fact. Had the petitioners known about Philex’s violation of government regulations and negligence, they would not have pursued compensation from the Workmen's Compensation Commission, which ranted a lower amount. As such, the petitioners’ choice ‘was rendered void since t was not an informed decision. ‘The case was remanded to the lower court for further proceedings. The court added that, in the event that the petitioners succeed in their claim in the lower court, the payments received under the Workmen's Compensation Act should be subtracted from any awarded damages “pacrse This case was commenced on August 16, 1990 with the fling by respondent Rovidel 0. Molina of a verified petition for dedaration of nullity of her marriage to Reynaldo Molina. The petition alleged that Roridel and Reynaldo were married on April 14, 1985... that a son, Andre O. Mofina was bor... that after a year of marriage, Reynaldo showed signs ‘of “igumaturity and irresponsibility” as a husband and a father ‘since he preferred to spend more time with his peers and. fiends... that he depended on his parents for aid and. assistance, and was never honest with his wife in regard to thelr finances, resulting in frequent quarrels between them... that sometime in February 1986, Reynaldo was relieved of his job in Manila, and since... then Roridel had been the sole breadwinner of the family... hatin October 1986 the couple had a very intense quarrel, as a result of which their relationship was estranged; thatin March 1987, Rotidel resigned from her job in Manila and went to ive with her parents in Baguio City... that a few weeks later, Remaldo left Roridel and their child, and had since then abandoned them... that Reynaldo had thus shown that he was psychologically incapable of complying with essential marital obligations and was a highly immature and habitually quarrelsome. individual who thought of himself as 2 king to be served... that it would be to the couple's best interest to have their ‘marriage declared null and void in order to free them from ‘what appeared to be an incompatible marriage from the start. Reynaldo admitted that he and Roridel could no longer lve together as husband and wife Evidence for herein respondent wife consisted of her ‘own testimony and that of her friends Rosemarie Ventura and ‘Maria Leonora Padilla as well as of Ruth G. Lalas, a social worker, and of Dr. Teresita Hidatgo-Sison, a psychiatrist of the Baguio General Hospital and Medical Center. Reynaldo did not present any evidence as he agony dana the prea canerance + the Court of Appeals made an erroneous and incorrect, interpretation ofthe phrase ‘psychological incapacity (as provided under Art. 36 of the Family Code) and made an incorrect application thereof to the Facts of the case. * psychological incapacity should refer to no less than a ‘mental (not physical) x xand that (t)here is hardly any doubt that the intendment... of the law has been to confine the meaning of ‘psychological incapacity’ to the most serious cases of personality dea ‘or inability to give meaning and significance to the ‘marriage. This ic condition m the... ‘Time the marriage is celebrated. On the other hand, in the present case, there is no clear showing to us that the psychological defect spoken of is an incapacity. tt appears to us to be more of a "difficulty," if not outright "refusal" or "neglect" in the performance of some marital obligations. "Mer of “irreconcilable, differences" and “conflicting personalities” in no wise ‘constitutes psychologica incapacity. Ie Is not enough to prove that the parties failed to meet their responsibilities and duties ‘as married persong: itis essential that they must be shown ta. le... of doing so, due to some psychological (not bysica) ines. From their submissions and the Court's own deliberations, the following guidelines in the interpretation and application of Art. 36 of the Family Code are hereby handed down for the guidance of the bench and the bar: 1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and ‘continuation of the marriage and against its dissolution and nullity 2) The root cause of the psychological incapacity must be fa) medically or cinically identified, (b alleged in thecomplaint, erts and clearly explained in the decision. 3) The essential marital obligations must be those ‘embraced by Articles 68 up to 71 of the Family Code, as regards the husband and wife as welll as Artictes 220, 221 and 225 of the same Code in regard to ‘patents and their children 4) Interpretations given by the National Appellate Matrimonial Tribunal ofthe Catholic Chur Phi the 5) Thetrialcourt must orderthe prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. _ WHEREFORE, the petition is GRANTED. The assailed Decision is REVERSED and SET ASIDE. The marriage of Roridel Olaviano to Reynaldo Molina subsists and remains vali. WEEK-10 PROSPECTIVE & RETROACTIVE STATUTES: PROSPECTIVESTATUTE [PROSPECTIVE STATUTE is one which gperates unon acts or {ransactions that occur after the effect, one that ‘Tooks and applies to the future PROSPECTIVE STATUTE regulates future conduct. ‘such laws do not affect rights or obligations arising from past actions (CANON OF STATUTORY CONSTRUCTION: ¥ The principle that statutes operate Brospedtively, uot is a fundamental canon of statutory Construction. It is a guideline used by courts to interpret. Jlegistation. Y Statutes ar 1ed to apply only to future actions unless. there is clear legistative intent to the contrary, either explicitly stated inthe statute's language or implied from ts context. CIVIL CODE OF THE PHILIPPINES: ¥ The Gui Code of the Phiippines, ike many legal ‘systems, follows the genera rule that lawe-shallhave no retroactive effect_unless the law itself provides otherwise, ¥ This means that, in the absence of a tion ir the statute, new laws in the Philippines are generally Presumed to apply only to future events and not, retroactively. (RETROACTIVESTATUTE RETROACTIVE STATUTE is one which creates a new obl imposes a new duty or attaches new disabfty in respect to iransaction already past [RETROACTIVE STATUTE ¥ attempts to apply to acts and transactions that have already taken place before the law's enactment. ~raroactve ows are generally dsovore dv to thet potential tobe unfaanoporss DISFAVOR OF RETROACTIVE LEGISLATION: Retroactive legislation is viewed with disfavor in many legal systems because ican distunt settled expectations and undermine the principle of fairness. ¥ Courts often require a strong and explicit legislative intent to apply a law retroactively to ensure that it does ‘not unjustly affect individuals or entities based on past: actions or decisions. Js one which creates a_new obligation, imposes a new duty or attaches new disability in fespect to transaction already past. it may new _legal si ‘equlrements on ndMiuals or ates for actions or events that have already taken place, ft can require individuals or entities to perform new _duties or tasks in connection with past transactions or atte, = This means that it can intmnduce- disadvantages or limitations related to events or transactions that have already occurred. Retroactive laws are often subject to seruting ada because they can potentially disru ‘and retroactively alter the legal consequences. z meee “Gepitaraamyeicty ue sae ules and standards fo n and how retroactive laws can be enacted, and such laws are generally used sparingly and for well-defined purposes ‘Cases when the law may be given retroactive effect: '* When the law expressly provides + When the lw is curative or remedial ¥ Meant to cure defects in order to enforce existing obligations. Y To enable people to carry into effect what they ntended in the obligation but could not be due to ‘some statute. ¥ Not meant to impair obligation or affect vested thts, ‘+ When the law is procedural ¥ when it deals with Procedure it applies to all

    You might also like