Art.

4- No Retroactive Effect of Laws, Unless Otherwise

1. In other definitions, what is A law that makes illegal an act that was legal when committed, increases the penalties for an infraction
an ex post facto law? after it has been committed, or changes the rules of evidence to make conviction easier. The
Constitution prohibits the making of ex post facto law.
2. In what sole instance will When exercise of police power is necessary.
impairment of contract be
applied? A law enacted in the exercise of police power to regulate or govern certain activities or transactions
could be given retroactive effect and may reasonably impair vested rights or contracts.
3. A law may provide for its - That a penal statute will not make it an ex post facto law.
own retroactivity, SUBJECT - That it will NOT result in impairment of obligation of contracts.
to what limitations?
4. What are the elements of - That it must refer to criminal matters
an ex-post facto law? - That it be retroactive in its application
- That it is prejudicial to the accused
5. What are the instances or - If the law provides otherwise
exceptions (to the - Penal laws favorable to the accused
prospectivity of laws) - Procedural laws
when the law shall be - Curative laws
retroactive? - When the law creates new substantive rights
6. What did the Court say in In this case, the accused was found guilty by the
P v. Valdez regarding trial court of two crimes:
penal laws given
retroactive effect? - Murder
- Illegal possession of firearms and ammunition under PD 1866

During the pendency of the appeal, R.A. No. 8294 was enacted by Congress, which became effective
on June 21, 1997. Under the amendatory law, the illegal possession or use of firearm may no longer be
separately charged and only one offense should be punished, viz., murder in this case, and the use of
unlicensed firearm should only be considered as an aggravating circumstance.

Applying Article 22 of the RPC, the Court ruled that R.A. No. 8294 should be applied retroactively in
this case since it is favorable to the accused. Thus, accused was found liable only for murder and the
illegal possession of firearm was merely treated as an aggravating circumstance.
7. What does Art. 4 of the Art. 4 says that laws shall have no retroactive effect, unless the contrary is provided.
Code say?
8. What does ex-post facto Basically, an ex post facto law is one that would make a previous act criminal although it was not so at
law mean? the
time it was committed. (Art. III, Sec. 22, 1987 Constitution)
9. What does non- A law impairs an obligation of contract if it has retroactive application so as to affect existing contracts
impairment of obligations concluded before its enactment.
of contracts mean?
Congress is prohibited from passing laws that will impair the obligation of contracts.
10. What is a curative law? A curative statute is enacted to cure defects in a prior law or to validate legal proceedings, instruments
or acts of public authorities which would otherwise be void for want of conformity with certain existing
legal requirements. They are intended to supply defects, abridge superfluities and curb certain evils.
11. What is a retroactive law? A retroactive law is one intended to affect transactions which occurred, or rights which accrued, before
it became operative, and which ascribes to them effects not inherent in their nature, in view of the law in
force at the time of their occurrence.
12. What is the general rule in In general, laws are to be construed as having only PROSPECTIVE operation. Lex prospicit, non respicit.
application of laws?
13. What is the purpose That a law that has not yet become effective cannot be considered as conclusively known by the people. To
behind non- make the law binding even before it has taken effect may lead to arbitrary exercise of the legislative power.
retroactivity of laws?
14. What is the rationale According to a ruling of the Supreme Court, the purpose of the non-impairment clause is to safeguard the
behind non- integrity of contracts against unwarranted interference by the State.
impairment of
contracts? As a rule, contracts should not be tampered with by subsequent laws that would change or modify the
rights and obligations of the parties.
15. What is the rule on That only laws existing at the time of the execution of the contract are applicable thereto and not later
non-impairment of statutes, unless the latter are specifically intended
obligations of to have retroactive effect.
contracts?
16. What is the scope of Police power legislation is applicable not only to future contracts, but equally to those already in existence.
police power in Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate
contracts? exercise by the State of police power to promote the health, morals, peace, education, good order, safety,
and general welfare of the people.
17. When are laws When the law creates new substantive rights, it may be given a retroactive effect provided it has not
creating new prejudiced another acquired right of the same origin.
substantive rights
given retroactive
effect?
18. When are procedural Remedial statutes or statutes are given retroactive application only if it is operated in furtherance of the
or remedial laws remedy or confirmation of rights already existing. // As long as it DOES NOT create a new or take away
given retroactive vested rights, they are allowed retroactive application.
application?
19. When is a penal law Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a
given retroactive habitual delinquent, although at the time of the publication of such laws a final sentence has been
effect? pronounced and the convict is serving the same.
20. When is there There is impairment if a subsequent law changes the terms of a contract between the parties, imposes new
impairment of conditions, dispenses with those agreed upon or withdraws remedies for the enforcement of the rights of the
obligations of parties. It is anything that diminishes the efficacy of the contract.
contracts?