Philippine Bar review · Question

Practice question: Retroactivity of Laws

Multiple Choice Hard

Practice question

A litigant invokes Family Code256 to apply a provision retrospectively. The court stipulates that the proposed application would impair a vested property right protected under the Civil Code, with no valid basis to defeat that protection. The litigant relies solely on the words retroactive effect. Which is correct?
  1. The express vested-right qualification must also be applied
  2. The two words eliminate the rest of256
  3. Any retroactivity clause automatically overrides all protected rights
  4. The court must ignore the stipulated impairment
  5. The claimant can remove the limit by private notice

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2252–2254, Civil Code transition.
  • Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Article256, Family Code retroactivity.

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