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JAIME TAN v. CA

This case has been cited 4 times or more.

	GR No. 180236 2012-01-17	GEMMA P. CABALIT v. COA-REGION VII VILLARAMA, JR., J.
The rule in this jurisdiction is that one does not have a vested right in procedural rules. In Tan, Jr. v. Court of Appeals,[33][ ]the Court elucidated: Statutes regulating 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 fact that procedural statutes may somehow affect the litigants' rights may not preclude their retroactive application to pending actions. The retroactive application of procedural laws is not violative of any right of a person who may feel that he is adversely affected. Nor is the retroactive application of procedural statutes constitutionally objectionable. The reason is that as a general rule no vested right may attach to, nor arise from, procedural laws. It has been held that "a person has no vested right in any particular remedy, and a litigant cannot insist on the application to the trial of his case, whether civil or criminal, of any other than the existing rules of procedure. (Emphasis supplied.)
	GR No. 149453 2003-10-07	PEOPLE v. PANFILO M. LACSON CALLEJO, SR., J.
Statutes regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. In that sense and to that extent, procedural laws are retroactive.[26] Criminal Cases Nos. Q-99-81679 to Q-99-81689 had long been dismissed by Judge Agnir, Jr. before the new rule took effect on December 1, 2000. When the petitioners filed the Informations in Criminal Cases Nos. 01-101102 to 01-101112 on June 6, 2001, Criminal Cases Nos. Q-99-81679 and Q-99-81689 had long since been terminated. The two-year bar in the new rule should not be reckoned from the March 29, 1999 dismissal of Criminal Cases Nos. Q-99-81679 to Q-99-81689 but from December 1, 2000 when the new rule took effect. While it is true that the Court applied Section 8 of Rule 110[27] of the RRCP retroactively, it did so only to cases still pending with this Court and not to cases already terminated with finality.
	GR No. 149453 2003-04-01	PEOPLE v. PANFILO M. LACSON CALLEJO, SR., J.
The Court agrees with the respondent that procedural laws may be applied retroactively. As applied to criminal law, procedural law provides or regulates the steps by which one who has committed a crime is to be punished. In Tan, Jr. v. Court of Appeals,[42] this Court held that:Statutes regulating 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 fact that procedural statutes may somehow affect the litigants' rights may not preclude their retroactive application to pending actions. The retroactive application of procedural laws is not violative of any right of a person who may feel that he is adversely affected. Nor is the retroactive application of procedural statutes constitutionally objectionable. The reason is that as a general rule no vested right may attach to, nor arise from, procedural laws. It has been held that "a person has no vested right in any particular remedy, and a litigant cannot insist on the application to the trial of his case, whether civil or criminal, of any other than the existing rules of procedure.
	GR No. 149453 2003-04-01	PEOPLE v. PANFILO M. LACSON CALLEJO, SR., J.
Express consent to a provisional dismissal is given either viva voce or in writing. It is a positive, direct, unequivocal consent requiring no inference or implication to supply its meaning.[7] Where the accused writes on the motion of a prosecutor for a provisional dismissal of the case No objection or With my conformity, the writing amounts to express consent of the accused to a provisional dismissal of the case.[8] The mere inaction or silence of the accused to a motion for a provisional dismissal of the case[9] or his failure to object to a provisional dismissal[10] does not amount to express consent.