A.I. Powered: Philippine Bar Reviewer

Question

B. Judicial Review: Operative Fact Doctrine

Scenario:

Carlos and Maria got married in a civil ceremony in the Philippines. While their marriage was still subsisting, Carlos migrated to another country and married another woman, Karen, in accordance with the laws of that country. Unaware of Carlos' prior marriage, Karen and Carlos lived together as husband and wife for several years, acquired properties, and had children.

Upon discovering Carlos' prior marriage, Maria filed for a declaration of nullity of their marriage on the ground of bigamy. The court declared Carlos and Maria's marriage null and void ab initio due to Carlos' previous existing marriage, making their marriage void from the beginning.

Carlos filed a motion for reconsideration, arguing that even if his marriage to Maria is declared null and void, the subsequent acts and transactions he entered into with Karen, including the acquisition of properties and the birth of their children, should still be recognized under the Operative Fact Doctrine.

Question:

1. Explain the concept of the Operative Fact Doctrine in the context of judicial review.
2. Discuss the applicability of the Operative Fact Doctrine in Carlos and Maria's case. Should the subsequent acts and transactions of Carlos and Karen be recognized despite the nullity of Carlos' marriage to Maria? Why or why not? Support your answer with legal provisions and jurisprudence.

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Answer