DOCTRINE OF OPERATIVE FACT

DOCTRINE OF OPERATIVE FACT

This is the exception to the general rule that a law declared by the Supreme Court as unconstitutional is void. 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.