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?
- Every preserved consequence overturns constitutional invalidity.
- Only private contracts can be unconstitutional.
- The agency confuses equitable treatment of past effects with validation of the underlying measure.
- The court has automatically enacted a new statute.
- 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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