Practice question
Does the operative fact doctrine necessarily apply after every declaration of unconstitutionality?
- Yes, without examining any circumstances.
- Yes, but only if all litigants agree.
- No; application depends on the relevant circumstances and equitable considerations.
- No, because it has never been recognized in Philippine law.
- 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
Answer this question in flashcards to review your response and continue practicing.