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Philippine Bar review · Question

Practice question: Operative Fact Doctrine

Multiple Choice Easy

Practice question

In De Agbayani, what was wrong with treating an invalidated measure as though its past operation had never existed for every purpose?
  1. It gave too much weight to paper size.
  2. It ignored legal consequences of actual prior operation and changed positions.
  3. It required too much foreign evidence.
  4. It made every legislative measure constitutional.
  5. It eliminated the need for courts.

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

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