Curative and Remedial Laws
Curative and Remedial Laws
It is true that under the Civil Code of the Philippines, "(l)aws shall have no
retroactive effect, unless the contrary is provided." But there are settled
exceptions to this general rule, such as when the statute is CURATIVE or
REMEDIAL in nature or when it CREATES NEW RIGHTS.
Agpalo, on the other hand, says that curative statutes are "healing
acts . . . curing defects and adding to the means of enforcing existing
obligations . . . (and) are intended to supply defects, abridge superfluities
in existing laws, and curb certain evils. . . . By their very nature, curative
statutes are retroactive . . . (and) reach back to past events to correct
errors or irregularities and to render valid and effective attempted acts
which would be otherwise ineffective for the purpose the parties intended."
A reading of P.D. 725 immediately shows that it creates a new right, and
also provides for a new remedy, thereby filling certain voids in our laws.
Thus, in its preamble, P.D. 725 expressly recognizes the plight of "many
Filipino women (who) had lost their Philippine citizenship by marriage to
aliens" and who could not, under the existing law (C.A. No. 63, as
amended) avail of repatriation until "after the death of their husbands or
the termination of their marital status" and who could neither be
benefitted by the 1973 Constitution's new provision allowing "a Filipino
woman who marries an alien to retain her Philippine citizenship . . ."
because "such provision of the new Constitution does not apply to Filipino
women who had married aliens before said constitution took effect."
Thus, P.D. 725 granted a new right to these women -- the right to re-
acquire Filipino citizenship even during their marital coverture, which right
did not exist prior to P.D. 725.
On the other hand, said statute also provided a new remedy and a new
right in favor of other "natural born Filipinos who (had) lost their Philippine
citizenship but now desire to re-acquire Philippine citizenship", because
prior to the promulgation of P.D. 725 such former Filipinos would have had
to undergo the tedious and cumbersome process of naturalization, but
with the advent of P.D. 725 they could now re-acquire their Philippine
citizenship under the simplified procedure of repatriation.
By their very nature, curative statutes are retroactive, (DBP vs. CA, 96
SCRA 342), since they are intended to supply defects, abridge superfluities
in existing laws (Del Castillo vs. Securities and Exchange Commission, 96
Phil. 119) and curb certain evils (Santos vs. Duata, 14 SCRA 1041).