Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Medium

Practice question

A court invalidates a funding practice. Completed public facilities were built while beneficiaries relied in good faith on its apparent validity. Does invalidity alone require treating every completed facility as legally nonexistent?
  1. No; the court should consider whether the operative fact doctrine preserves relevant effects to avoid inequity.
  2. Yes; every physical structure must immediately be destroyed.
  3. No; completion makes the funding practice constitutional.
  4. Yes; beneficiaries' reliance can never matter.
  5. No; every person involved is conclusively exempt from liability.

Legal references

  • Araullo v. Aquino III, G.R. No. 209287 et al., February 3, 2015 Resolution, sections 6–7, https://lawphil.net/judjuris/juri2015/feb2015/gr_209287_2015.html

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