Preliminary Title: Article 4 Flashcards
State Article 4 of the Civil Code of the Philippines?
Laws shall have no retroactive effect, unless the contrary is provided.
Are laws retroactive?
Generally laws are not retroactive unless it is stated.
What are the exceptions to retroactivity?
When the law
(1) expressly provides for retroactivity
(2) is curative or remedial
(3) is procedural
(4) is penal in chararter and favorable to the accused
Define: Prima facie.
Prima facie is based on the first impression; accepted as correct until proved otherwise.
What is an example of retroactive law expressly stating its retroactive effect?
In Article 256, the Family Code of the Philippines said the code “have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.”
True or False: The legislature does not have the power to pass healing acts which do not impair the obligations of contracts nor interfere with vested rights.
False. The legislature has the power to pass healing acts which do not impair the obligations of contracts nor interfere with vested rights.
What is restrospective legislation?
Restrospective legislation is a legislation that reach back on past events to correct errors or irregularities and to render valid and effective attempted acts which would otherwise be ineffective for the purpose of parties intended.
The time in which the law is procedural, is the time when ___________.
a statute deals with procedure only or prima facie.
True or False: Does a law prescribing the form of pleadings apply to all pleadings filed after its enactment, although the action begun before that time.
True. A law prescribing the form of pleadings will apply to all pleadings filed after its enactment, although the action begun before that time.
What is the definition of habitual delinquent in Article 62 of the Revised Penal Code?
A person shall be deemed habitual delinquent if within a period of ten years from the date of his release or last conviction of the crime of serious or less serious physical injuries is found guilty of any of the following crimes (robo, hurto, estafa, or falsification) on third time or oftener.
What is the purpose of curative laws?
The purpose is to cure defects or imperfections in judicial or administrative proceedings.
