Doctrine of Operative Fact Flashcards
What is an operative fact?
(operation, in mathematics, shows relation; operation = in effect; in practice)
An operative fact is a legally relevant fact that establishes a legal relationship between persons.
For example, if a person is the beneficiary of a disability insurance policy, that person becomes entitled to benefits upon becoming disabled. Proof of disability is an operative fact, because it establishes the beneficiary’s legal right to receive the insurance benefits.
What is the doctrine of operative fact?
It nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored. The past cannot always be erased by a new judicial declaration.
The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law.
Planters Products, Inc. v. Fertiphil Corporation
G.R. No. 166006 * 14 March 2008 * Third Division * Reyes, R.T., J.
This is the exception to the general rule that a law declared by the Supreme Court as unconstitutional is void (as supported by Article 7 of the New Civil Code: “Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary”). What the doctrine implies is that a law remains to be operative and constitutional until the same has been declared void. Thus, the law that has been declared as unconstitutional remains to be operative prior to the declaration of the Supreme Court on its unconstitutionality.
The doctrine does not stem from any statute but is based on fair play and equity. It operates when the declaration of a law’s unconstitutionality will result in undue burden to those who rely on the law that is presumed to be legal and constitutional until declared otherwise.
It must be noted, however, that the doctrine of operative fact does not make an unconstitutional law valid and constitutional. It merely erases the effects of its unconstitutionality before it is judicially declared as void.
The operative fact doctrine recognizes the existence and validity of a legal provision prior to its being declared as unconstitutional and hence, legitimizes otherwise invalid acts done pursuant thereto because of considerations of practicality and fairness. In this regard, certain acts done pursuant to a legal provision which was just recently declared as unconstitutional by the Court cannot be anymore undone because not only would it be highly impractical to do so, but more so, unfair to those who have relied on the said legal provision prior to the time it was struck down.
The doctrine of operative fact recognizes the existence of the law or executive act prior to the determination of its unconstitutionality as an operative fact that produced consequences that cannot always be erased, ignored or disregarded. In short, it nullifies the void law or executive act but sustains its effects. It provides an exception to the general rule that a void or unconstitutional law produces no effect. But its use must be subjected to great scrutiny and circumspection, and it cannot be invoked to validate an unconstitutional law or executive act, but is resorted to only as a matter of equity and fair play. It applies only to cases where extraordinary circumstances exist, and only when the extraordinary circumstances have met the stringent conditions that will permit its application.
Reconcile the Doctrine of Constitutional Supremacy v. Operative Fact Doctrine
The doctrine of operative fact analogy: playing with a toy that has crack before it already broke and cannot be played anymore/declared unsafe to be played by authorities
