All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ IV. JUDICIAL DEPARTMENT ▸ B. Judicial Review ▸ 3. Operative Fact Doctrine

Question

B. Judicial Review: Operative Fact Doctrine

Scenario:

In a recent presidential election, Candidate A was declared the winner by the Commission on Elections (COMELEC) and was subsequently proclaimed as the duly elected President of the Philippines. However, after a month, a petition was filed challenging the validity of the election due to alleged widespread fraud and irregularities. The Supreme Court, upon review, found that indeed there were substantial irregularities committed during the election process.

Question:

Considering the doctrine of operative fact, what are the legal consequences of the Supreme Court's declaration that there were substantial irregularities in the election process? Discuss the effects of this declaration on the position of Candidate A as the President and on the actions taken by the government during the period when Candidate A was assumed to hold office.

Ace the Bar with A.I

You know about A.I. but you don't know just how much it can help you ace the bar? watch this.

A.I. Powered: Philippine Bar Reviewer

Question

Ace the Bar with A.I

Other Questions in This Topic