Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Hard

Practice question

After a funding measure is definitively invalidated, officials propose new transfers under it and rely solely on the fact that a court protected certain earlier completed transactions. No independent legal authority or prospective relief exists. Which is the strongest response?
  1. Protection of any past transaction authorizes all future transfers.
  2. The doctrine addressing prior operative effects does not itself supply fresh authority to continue the invalid measure.
  3. An earlier beneficiary may amend the Constitution.
  4. Calling a transfer completed in advance makes it lawful.
  5. Invalidity affects only the title of a measure.

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

Answer this question in flashcards to review your response and continue practicing.