Friday, July 3, 2009

Prospective Application of Law

“Laws shall have no retroactive effect, unless the contrary is provided.” The legislative intent as to the retroactive application of a law is made manifest either by the express terms of the statute or by necessary implication. The reason for the rule is the tendency of retroactive legislation to be unjust and oppressive on account of its liability to unsettle vested rights or disturb the legal effect of prior transactions.

A well-settled exception to the rule on prospectivity is when the law in question is remedial in nature. The rationale underpinning the exception is that no person can claim any vested right in any particular remedy or mode of procedure for the enforcement of a right. (Curata v. PPA, G.R. No. 154211-12, June 22, 2009)

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