Short answer. Yes. Article 2257 of the Civil Code creates an important exception to the rule against retroactivity: if a continuous or repeated act began before the Code took effect but is still ongoing after it became operative, the penalty prescribed by the new Code applies — even if the old law carried no penalty at all.
What the law says
If a continuous or repeated act or omission was commenced before the beginning of the effectivity of this Code, and the same subsists or is maintained or repeated after this body of laws has become operative, the sanction or penalty prescribed in this Code shall be applied, even though the previous laws may not have provided any sanction or penalty therefor.
Civil Code, Article 2257 — Sanctions Not Applied Retroactively. Read the full provision →
The general rule: no retroactivity for new penalties
Article 2257 begins with a protective rule: provisions of the Civil Code that attach a civil sanction or penalty to acts that were not penalised by former laws do not apply to people who committed those acts while the old laws were in force. This reflects the basic fairness principle that people should not be punished under rules that did not exist when they acted. Similarly, if both old and new law penalise the same act, the less severe sanction applies. The Code does not simply impose the harsher new penalty on conduct that was already addressed.
The exception: continuing and repeated conduct
The protective rule has a significant exception. If the act or omission is continuous or repeated, and it was ongoing when the new Code took effect, the new Code's penalty applies from that point forward — even if the old law imposed no penalty at all. The reasoning is straightforward: you are not being punished for what you did before the law changed; you are being penalised for choosing to continue the conduct after you knew it was prohibited. The moment you persisted after the Code became effective, you subjected yourself to its sanctions.
Continuous acts and repeated acts are both covered
Article 2257 addresses two patterns: an act that is continuous — an ongoing state, like maintaining an illegal structure or being in a prohibited arrangement — and one that is repeated — recurring individual acts, each of which is separately penalised. Either pattern triggers the same result: if any instance of the act or omission occurs after the Code's effectivity, the new penalty governs that instance. For a continuous violation, the entire period from the Code's effectivity onward is within the new law's reach.
What this means for you today
If you are engaged in ongoing conduct that the Civil Code now prohibits or penalises, the fact that you started before the Code's effectivity does not protect you. The question is whether you are still doing it. If yes, the current Code applies. The practical implication is that the most effective way to avoid the new penalty is to stop the conduct. Continuing it keeps you within the Code's reach indefinitely. If you are unsure whether your specific situation qualifies as a continuous violation, a lawyer can assess the conduct and the applicable provision.