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Doctrine of Operative Fact – Acts done pursuant to a law which was subsequently declared

unconstitutional remain valid, but not when the acts are done after the declaration of
unconstitutionality.

HARMLESS ERROR DOCTRINE - It comes into use when a litigant appeals the decision of a judge or jury,
arguing that an error of law was made at trial that resulted in an incorrect decision or verdict. The
appellate court then must decide whether the error was serious enough to strike down the decision
made at trial.

A Writ of Kalikasan is a legal remedy under Philippine law which provides for the protection one’s right to
“a balanced and healthful ecology in accord with the rhythm and harmony of nature,” as provided for in
Section 16, Article II of the Philippine Constitution. It is compared with the writ of amparo but protects
one’s right for a healthy environment rather than constitutional rights.

The writ of amparo is a remedy available to any person whose life, liberty or security is violated or
threatened by unlawful act or ommission of a public official, employee or private individual. It covers
extralegal killings and enforced disapperances.

The writ of habeas corpus (to bring the body) is a writ which requires group of person or individual
unlawfully detaining a person to bring him to the court and set him to liberty. Its vital purposes are to
obtain immediate relief from confinement, liberate those detained without sufficient cause, deliver
them from unlawful custody.

Doctrine of Exhaustion of Administrative Remedies - Courts of Justice are barred from entertaining cases
of administrative agencies until system is completed. It allows administrative agencies to exercise their
function and responsibilities within specialized areas and competence.

Doctrine of Primary Jurisdiction - When courts of justice cannot determine a controversy involving a
question which is within jurisdiction of administrative tribunal, especially when such question requires
knowledge, experiences and services of the administrative tribunal to determine technical matters, the
court of justice will suspend the trial and wait for the opinion of administrative tribunal so that the
former can decide the case.
State Immunity of Suit - Art 16 Sec 3, the state cannot be sued without its consent. Except when it
entered into a private contract wherein the state lowers its level to the other party.

Regalian Doctrine - Art 12 Sec 2, All lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State.

Intergenerational Responsibility - Art 2 Sec 16, "the State shall protect and advance the right of the
people to a balanced and healthful ecology in accord to the rythmn and harmony of nature." The right of
the present generation to sue in behalf of suceeding generations in order to protect the environment,
because environment is everbody's concern.

Ultra Vires - an act of government entity or public officer that is not within its/his power/authority thus
invalid.

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