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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSC. Retroactivity of Laws (Civil Code, Art. 4), Vested Rights Principle

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EFFECT AND APPLICATION OF LAWS: Retroactivity of Laws (Civil Code, Art. 4) and Vested Rights Principle

1. A new law was passed that increases the minimum age requirement for driving a motor vehicle to 18 years old. The law takes effect immediately upon enactment. Tom, who is 16 years old, recently obtained his driver's license when the previous minimum age requirement was 16 years old. Can Tom continue to drive legally under the new law? Explain your answer.

2. The government passed a tax law that imposes a higher tax rate on individuals earning above PHP 1,000,000 per year. The law states that it shall be applicable starting January 1, 2022. Bella, a high-earning individual, had already earned PHP 2,000,000 in the first half of the year prior to the enactment of the law. Is Bella required to pay the higher tax rate for the income she earned before the law's effectivity? Discuss.

3. XYZ Corporation entered into a lease agreement with ABC Realty for a commercial property. The contract includes a provision stating that the lease term is for 10 years and that the rental rate will increase by 5% every year. However, a new law was passed reducing the maximum allowable rental rate increase to 3% per year. The law takes effect immediately upon enactment. Can XYZ Corporation insist on a 5% increase in rental rate based on the lease agreement? Explain your reasoning.

4. Maria owns a piece of agricultural land adjacent to a river. The government passed an environmental law that prohibits any construction or development within a certain distance from the riverbanks, in order to protect the ecosystem. The law takes effect 6 months after its publication. Maria already secured a permit to build a house on her land prior to the law's effectivity. Can Maria proceed with the construction of her house despite the new law? Discuss.

5. A new labor law was enacted that mandates an increase in the minimum wage for all employees. The law provides that the increased wages will apply starting the following month after its enactment. Juan has been working for Company X for several years and is earning a salary above the minimum wage. Is Juan entitled to receive the increased minimum wage mandated by the law? Explain.




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Bar Review Question: EFFECT AND APPLICATION OF LAWS: Retroactivity of Laws (Civil Code, Art. 4) and Vested Rights Princi