Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Before an executive measure is judicially invalidated, beneficiaries rely on it in good faith and receive completed benefits. They invoke operative fact. Which analysis is sound?
  1. The doctrine makes the invalid measure constitutional forever
  2. The court may consider equitable protection of qualifying prior effects, but the doctrine is not automatic validation of the measure
  3. Every consequence must always be ignored regardless of hardship
  4. The doctrine authorizes unlimited future payments after nullification
  5. The beneficiaries may repeal the Constitution

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 7
  • https://lawphil.net/judjuris/juri2007/aug2007/gr_162155_2007.html — CIR v. Primetown Property Group, Inc., G.R. No. 162155, August 28, 2007, repeal by irreconcilable inconsistency
  • https://lawphil.net/judjuris/juri2024/jun2024/gr_260458_2024.html — Hagedorn v. COA, G.R. No. 260458, June 4, 2024, main opinion, qualified operative fact doctrine

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