This case has been cited 5 times or more.
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2013-01-08 |
BERSAMIN, J. |
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| As a general rule, laws shall have no retroactive effect. However, exceptions exist, and one such exception concerns a law that is procedural in nature. The reason is that a remedial statute or a statute relating to remedies or modes of procedure does not create new rights or take away vested rights but only operates in furtherance of the remedy or the confirmation of already existing rights.[25] A statute or rule regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of its passage. All procedural laws are retroactive in that sense and to that extent. The retroactive application is not violative of any right of a person who may feel adversely affected, for, verily, no vested right generally attaches to or arises from procedural laws. | |||||
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2002-01-15 |
PANGANIBAN, J. |
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| In a number of cases, we have already ruled that the sixty-day period shall be reckoned from the receipt of the resolution denying the motion for reconsideration.[11] This amendment, contained in AM No. 00-2-03-SC, was deemed applicable even if a petition had been filed before September 1, 2000, on the ground that rules regulating procedures should be made applicable to actions pending and undetermined at the time of their passage.[12] | |||||
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2001-09-13 |
DAVIDE, JR., C.J. |
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| Under this amendment, the 60-day period within which to file the petition starts to run from receipt of notice of the denial of the motion for reconsideration, if one is filed. In our decision in Systems Factors Corporation and Modesto Dean vs. NLRC, et al.,[10] reiterated in Unity Fishing Development Corp. and/or Antonio Dee vs. Court of Appeals, et al.,"[11] the new period was made applicable to pending cases, such as in the case at bar. Settled is the rule that remedial statutes or statutes relating to remedies or modes of procedure, which do not create new rights or take away vested rights but only operate in furtherance of the remedy or confirmation of rights already existing, do not come within the purview of the general rule against the retroactive operation of statutes. Procedural laws are construed to be applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent. As a general rule, the retroactive application of procedural laws cannot be considered violative of any personal rights because no vested right may attach to nor arise therefrom. | |||||
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2001-08-15 |
PUNO, J. |
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| Although the above amendment took effect on September 1, 2000, this Court has applied it retroactively. In Systems Factors Corporation and Modesto Dean v. NLRC, et al.,[8] petitioner filed a petition for certiorari in the Court of Appeals on January 24, 2000. The appellate court dismissed it on February 15, 2000 for having been filed ten days beyond the prescriptive period. The counting of the sixty-day reglementary period was reckoned from the date petitioner received the impugned decision, interrupted by the filing of a motion for reconsideration, then resumed from the date of receipt of the resolution denying the motion for reconsideration. The petitioner therein sought recourse in this Court. While the case was pending in this Court, Section 4, Rule 65 of the Rules was amended effective September 1, 2000. Applying the amendment to the case, we ruled that the petition in the Court of Appeals was deemed timely filed, viz: "We hold that the amendment under A.M. No. 00-2-03-SC wherein the sixty-day period to file a petition for certiorari is reckoned from receipt of the resolution denying the motion for reconsideration should be deemed applicable. Remedial statutes or statutes relating to remedies or modes of procedure, which do not create new or take away vested rights, but only operate in furtherance of the remedy or confirmation of rights already existing, do not come within the legal conception of a retroactive law, or the general rule against retroactive operation of statutes (Castro vs. Sagales, 94 Phil. 208). Statutes regulating (sic) to the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense and to that extent. The retroactive application of procedural laws is not violative of any right of a person who may feel that he is adversely affected (Gregorio vs. Court of Appeals, 26 SCRA 229; Tinio vs. Mina, 26 SCRA 512). The reason is that as a general rule, no vested right may attach to nor arise from procedural laws. (Billones vs. CIR, 14 SCRA 674)"[9] | |||||
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2001-03-28 |
GONZAGA-REYES, J. |
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| No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding fifteen (15) days. [Emphasis ours] In the case of Systems Factors Corporation versus NLRC,[21] we held that the abovequoted Resolution, being procedural in nature, is applicable to actions pending and undetermined at the time of their passage. The retroactive application of procedural laws such as this Resolution is not violative of any right of a person who may feel adversely affected thereby, as no vested right may attach to nor arise from procedural laws.[22] The ruling in the Systems Factors case was reiterated in the recent case of Unity Fishing Development Corporation, et. al. vs. Court of Appeals, et. al.[23] Applying the Resolution to the case at bar, the 60-day period for the filing of a petition for certiorari and prohibition should be reckoned from the date of receipt of the order denying the motion for reconsideration, i.e., May 4, 1999, and thus, the filing made on June 14, 1999 was well within the 60-day reglementary period. | |||||