Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Easy

Practice question

Does recognizing past operative effects authorize new enforcement of an unconstitutional measure merely because it once operated?
  1. Yes, forever in all cases.
  2. Yes, if officials like its purpose.
  3. No; addressing past consequences does not itself restore constitutional authority for new acts.
  4. Yes, if the measure is renamed.
  5. No, because courts must ignore every past event.

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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