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?
- The doctrine makes the invalid measure constitutional forever
- The court may consider equitable protection of qualifying prior effects, but the doctrine is not automatic validation of the measure
- Every consequence must always be ignored regardless of hardship
- The doctrine authorizes unlimited future payments after nullification
- 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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