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FERNANDO GALLARDO v. JUAN BORROMEO

This case has been cited 1 times or more.

2007-10-15
NACHURA, J.
The CA's ruling on this point is incorrect. R.A. No. 7279 was enacted in 1992, almost two decades after the expropriation cases against the property owners herein were instituted with the RTC in 1977. Nova constitutio futuris formam imponere debet, non praeteritis. A new statute should affect the future, not the past. The law looks forward, not backward.[74] Article 4 of the Civil Code even explicitly declares, "(l)aws shall have no retroactive effect, unless the contrary is provided."[75] In these consolidated cases, the Court finds that the language of R.A. No. 7279 does not suggest that the Legislature has intended its provisions to have any retroactive application. On the contrary, Section 49 of the said law indicates that it "shall take effect upon its publication in at least two (2) national newspapers of general circulation."[76] The law's prospective application being clearly stated, the Court cannot agree with the disposition of the appellate court that the subject lots not exceeding 300 sq m are exempt from expropriation.