Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Medium

Practice question

A court preserves a particular past consequence of an invalid measure on operative-fact grounds. An agency says that this necessarily means the measure has become constitutional. Which is best?
  1. Every preserved consequence overturns constitutional invalidity.
  2. Only private contracts can be unconstitutional.
  3. The agency confuses equitable treatment of past effects with validation of the underlying measure.
  4. The court has automatically enacted a new statute.
  5. The measure becomes a constitutional amendment.

Legal references

  • De Agbayani v. Philippine National Bank, G.R. No. L-23127, April 29, 1971, main decision: https://lawphil.net/judjuris/juri1971/apr1971/gr_23127_1971.html
  • Araullo v. Aquino III, G.R. No. 209287 et al., February 3, 2015, main resolution: https://lawphil.net/judjuris/juri2015/feb2015/gr_209287_2015.html

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