Practice question
A party loses a tactical advantage supplied by an old procedural computation. The action remains pending, and the applicable new rule changes only the remedy’s timing without altering substantive rights. Is loss of that advantage alone a vested-right objection under the cited cases?
- No; an advantage under an old procedural rule is not by itself a vested right to unchanged procedure.
- Yes; every tactical benefit is permanently guaranteed.
- Yes; a party has an absolute private veto over procedure.
- Yes; disadvantage always means the substantive cause of action was abolished.
- Yes; procedural law can never govern an already filed case.
Legal references
- Spouses De los Santos v. Vda. de Mangubat, G.R. No. 149508, October 10, 2007, main decision, remedial law and pending actions: https://lawphil.net/judjuris/juri2007/oct2007/gr_149508_2007.html
- Fil-Estate Properties, Inc. v. Homena-Valencia, G.R. No. 173942, June 25, 2008, operative reconsideration resolution, retroactive procedural application: https://lawphil.net/judjuris/juri2008/jun2008/gr_173942_2008.html
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