Philippine Bar review · Question

Practice question: Retroactivity of Laws

Multiple Choice Hard

Practice question

Two transition claims have the same earlier origin. One concerns a right already acquired lawfully under prior legislation; another is first declared by the Civil Code but would impair that same vested right. The second claimant invokes2253’s new-right clause without its proviso. Which is correct?
  1. The clause does not authorize impairment of the protected vested right of the same origin
  2. Every newly declared right necessarily destroys prior vested rights
  3. Prior rights are irrelevant under2253
  4. Article2254 converts all lawful rights into unlawful acts
  5. The later claimant may choose which words apply

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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