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MARCELINO BUYCO v. PHILIPPINE NATIONAL BANK

This case has been cited 2 times or more.

2015-04-20
PERALTA, J.
Firstly, PD No. 1638 was signed by then President Ferdinand Marcos on September 10, 1979. Under Article 4 of the Civil Code, it is provided that laws shall have no retroactive effect, unless the contrary is provided. It is said that the law looks to the future only and has no retroactive effect unless the legislator may have formally given that effect to some legal provisions;[17] that all statutes are to be construed as having only prospective operation, unless the purpose and intention of the legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language used; and that every case of doubt must be resolved against retrospective effect.[18] These principles also apply to amendments of statutes.
2001-12-18
PUNO, J.
In view of the amendment introduced by E.O. No. 64, Section 4 (b) cannot be construed to refer to E.O. No. 41 and its date of effectivity. The general rule is that an amendatory act operates prospectively.[9] While an amendment is generally construed as becoming a part of the original act as if it had always been contained therein,[10] it may not be given a retroactive effect unless it is so provided expressly or by necessary implication and no vested right or obligations of contract are thereby impaired.[11]