dacudao v doj
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personsTRANSCRIPT
![Page 1: Dacudao v DOJ](https://reader036.vdocuments.us/reader036/viewer/2022082815/563db9bd550346aa9a9f77d2/html5/thumbnails/1.jpg)
Facts: The petitioners filed a case of syndicated estafa against Celso Delos
Angeles and his associates after the petitioners were defrauded in a business
venture. Thereafter, the DOJ Secretary issued Department Order 182 which directs
all prosecutors in the country to forward all cases already filed against Celso Delos
Angeles, Jr. and his associates to the secretariat of DOJ in Manila for appropriate
action. However, in a separate order which is Memorandum dated March 2009, it
was said that cases already filed against Celso Delos Angeles et. al of the Legacy
Group of Companies in Cagayan De Oro City need not be sent anymore to the
Secretariat of DOJ in Manila. Because of such DOJ orders, the complaint of
petitioners was forwarded to the secretariat of the Special Panel of the DOJ in
Manila. Aggrieved, Spouses Dacudao filed this petition for certiorari, prohibition and
mandamus assailing to the respondent Secretary of justice grave abuse of
discretion in issuing the department Order and the Memorandum, which according
to the violated their right to due process, right to equal protection of the law and
right to speedy disposition of the cases. The petitioners opined that orders were
unconstitutional or exempting from coverage cases already filed and pending at the
Prosecutor’s Office of Cagayan De Oro City. They contended that the assailed
issuances should cover only future cases against Delos Angeles, Jr., et al, not those
already being investigated. They maintained that DO 182 was issued in violation of
the prohibition against passing laws with retroactive effect.
Issue: Whether or not the assailed issuances can be given retroactive effect.
Ruling: Yes. As a general rule, laws shall have no retroactive effect. However,
exceptions exist, and one such exception concerns a law that is procedural in
nature. The reason is that a remedial statute or a statute relating to remedies or
modes of procedure does not create new rights or take away vested rights but
operates only in furtherance of the remedy or the confirmation already existing
rights. The retroactive application is not violative of any right of a person who may
feel adversely affected, for, no vested right generally attaches to or arises from
procedural law.