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    Curative and remedial laws can apply retroactively under certain circumstances. Curative statutes are retroactive and aim to cure errors, irregularities, and failures to comply with technical requirements. They validate actions that would otherwise be ineffective. Remedial or procedural laws relate to remedies or procedures, not substantive rights, and can apply retroactively if they do not remove existing rights or create new ones. Presidential Decree 725 granted new rights retroactively by allowing Filipino women who lost citizenship through marriage to foreigners to regain citizenship, and by establishing a simplified repatriation process for natural born Filipinos who lost citizenship to regain it.

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    Curative and remedial laws can apply retroactively under certain circumstances. Curative statutes are retroactive and aim to cure errors, irregularities, and failures to comply with technical requirements. They validate actions that would otherwise be ineffective. Remedial or procedural laws relate to remedies or procedures, not substantive rights, and can apply retroactively if they do not remove existing rights or create new ones. Presidential Decree 725 granted new rights retroactively by allowing Filipino women who lost citizenship through marriage to foreigners to regain citizenship, and by establishing a simplified repatriation process for natural born Filipinos who lost citizenship to regain it.

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    467 views2 pages

    Curative and Remedial Laws

    Uploaded by

    jaypunzalan
    Curative and remedial laws can apply retroactively under certain circumstances. Curative statutes are retroactive and aim to cure errors, irregularities, and failures to comply with technical requirements. They validate actions that would otherwise be ineffective. Remedial or procedural laws relate to remedies or procedures, not substantive rights, and can apply retroactively if they do not remove existing rights or create new ones. Presidential Decree 725 granted new rights retroactively by allowing Filipino women who lost citizenship through marriage to foreigners to regain citizenship, and by establishing a simplified repatriation process for natural born Filipinos who lost citizenship to regain it.

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    © All Rights Reserved
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    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.

    According to Tolentino, curative statutes are those which undertake to


    cure errors and irregularities, thereby validating judicial or administrative
    proceedings, acts of public officers, or private deeds and contracts which
    otherwise would not produce their intended consequences by reason of
    some statutory disability or failure to comply with some technical
    requirement. They operate on conditions already existing, and are
    necessarily retroactive in operation.

    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."

    On the other hand, remedial or procedural laws, i.e., those statutes


    relating to remedies or modes of procedure, which do not create new or
    take away vested rights, but only operate in furtherance of the remedy or
    confirmation of such rights, ordinarily do not come within the legal
    meaning of a retrospective law, nor within the general rule against the
    retrospective operation of statutes.

    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).

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