Philippine Bar review · Question

Practice question: Repeal and Nullification of Laws; Operative Fact Doctrine

Multiple Choice Hard

Practice question

An ordinance is judicially invalidated for an ultra vires supplemental benefit program. Officials continue making new payments afterward and invoke operative fact solely because earlier beneficiaries once relied on it. No independent lawful authority exists. Which is correct?
  1. Recognition of qualifying prior effects does not supply continuing authority for new post-invalidation disbursements
  2. Every past reliance permanently validates future payments
  3. Invalidation automatically appropriates more public money
  4. The doctrine repeals the national prohibition
  5. Officials may privately reverse the judgment

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Article7.
  • CIR v Primetown GR162155 August28,2007 MAIN: https://lawphil.net/judjuris/juri2007/aug2007/gr_162155_2007.html general repealers and conflicting legal-period rules.
  • Hagedorn v COA GR260458 June4,2024 MAIN: https://lawphil.net/judjuris/juri2024/jun2024/gr_260458_2024.html MAIN invalidated measures and limited consequences.

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