Practice question
Officials implement an ordinance later held void for conflict with a national statute. They claim operative fact automatically absolves them of every civil, criminal and administrative consequence without inquiry into good faith. Under Hagedorn, which is correct?
- Every implementer is automatically immune
- A void ordinance becomes a valid statute
- The doctrine does not create blanket immunity; relevant good-faith findings and the proper liability proceedings remain necessary
- The national statute must yield to the ordinance
- No tribunal may examine the officials’ conduct
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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