Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Easy

Practice question

Does the operative fact doctrine necessarily apply after every declaration of unconstitutionality?
  1. Yes, without examining any circumstances.
  2. Yes, but only if all litigants agree.
  3. No; application depends on the relevant circumstances and equitable considerations.
  4. No, because it has never been recognized in Philippine law.
  5. Yes, whenever an official invokes the doctrine.

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

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