Philippine Bar review · Topic
Repeal and Nullification of Laws; Operative Fact Doctrine
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Practice questions
- Under Civil Code Article 7, does prolonged disuse by itself repeal a statute?
- What does Article 7 provide when a court declares a law inconsistent with the Constitution?
- Which statement best describes implied repeal?
- A mandatory statute remains in force, but a business proves that many competitors have ignored it for years. Does that …
- Two statutes regulate different aspects of the same activity and can reasonably operate together. A litigant claims the…
- Before an executive measure is judicially invalidated, beneficiaries rely on it in good faith and receive completed ben…
- Officials implement an ordinance later held void for conflict with a national statute. They claim operative fact automa…
- Distinguish repeal by a later law from nullification for inconsistency with the Constitution under Article 7.
- Explain why disuse or a contrary business custom does not by itself repeal a mandatory statute.
- Explain the limited role of the operative fact doctrine after a legislative or executive measure is invalidated.
- Under Primetown, a clause repealing all inconsistent laws without identifying particular enactments is ordinarily what?
- Article7 makes administrative regulations valid subject to what condition?