QuestionsQuestions (Act No. 493)
Act No. 493 makes the provisions of Act No. 449 (on provincial boards contracting to feed prisoners at a rate exceeding 20 centavos per diem) retroactive so they apply to contracts entered into before the passage of Act No. 449.
Act No. 449 is rendered retroactive.
It authorizes provincial boards, when necessary, to make contracts for feeding prisoners in provincial jails at a rate exceeding 20 centavos (local currency) per diem for each prisoner.
They apply to all contracts entered into by provincial authorities prior to the passage of Act No. 449.
Contracts for feeding prisoners confined in provincial jails.
The retroactivity is expressly applied to contracts entered prior to the passage of Act No. 449; contracts after its passage are not the focus of the retroactive application.
The threshold is 20 centavos (local currency) per diem for each prisoner; Act No. 449 (made retroactive by Act No. 493) allows contracting at a rate exceeding that threshold.
It requires that the contract be one for feeding prisoners in provincial jails and that it was entered into prior to the passage of Act No. 449 by the provincial authorities.
Section 2 states that the passage is expedited in accordance with Section 2 of the “Act prescribing the order of procedure by the Commission in the enactment of laws,” dated September 26, 1900.
It takes effect on its passage (as provided in Section 3).
The concept of retroactive application of legislation—i.e., applying the effect of a law to past acts or transactions.
It states that the public good requires speedy enactment (Section 2).
The contract would be covered by the retroactive application of Act No. 449, validating/bringing it within the authorized framework for such contracts.
No explicit upper limit is stated in Act No. 493; it relies on the authorization in Act No. 449 for rates exceeding 20 centavos when necessary.
It implies that the contracting at a higher per diem rate is justified only upon a necessity determination by the provincial board.