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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ C. Retroactivity of Laws (Civil Code, Art. 4), Vested Rights Principle

Question

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

Scenario:

In 2010, the Philippine government enacted a law that increased the retirement age for government employees from 60 to 65 years old. The law specified that it would take effect immediately upon its approval. John, a government employee who was 62 years old at the time, had already filed for retirement and was expecting to receive his retirement benefits and start enjoying his leisure years.

  1. Was John's retirement affected by the new law? Explain.
  2. Discuss the retroactivity of laws in the Philippines and its application in this scenario.
  3. What principle(s) should govern the retroactive application of laws in order to safeguard vested rights?


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