Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

What does Article 7 provide when a court declares a law inconsistent with the Constitution?
  1. The Constitution must yield
  2. The executive may automatically override the judgment
  3. The inconsistent law is void and the Constitution governs
  4. The law becomes superior to the Constitution
  5. Every official gains immunity

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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