Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Hard

Practice question

Before a measure is invalidated, recipients receive services in good faith. In a later liability case, evidence is offered that a particular officer knowingly circumvented constitutional limits. The officer asserts that Araullo makes good faith conclusive and bars the court from receiving the evidence. How should the court treat this assertion?
  1. Accept it because reliance by recipients proves every officer's good faith.
  2. Reject it because the presumption may be contested and the officer's responsibility requires a proper factual inquiry.
  3. Reject it and convict immediately without examining the evidence.
  4. Accept it because operative fact applies automatically to every transaction.
  5. Dismiss because constitutional invalidity forbids any subsequent liability proceeding.

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

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