I don't know about you, but I've been using passive perception checks in various games for about forever, to indicate what information the character has without taking special measures. It isn't that they've been applied backwards, it is just that the first application of passive perception has already been done. And, honestly, it *has*, unless the characters are walking around with their eyes closed, ears plugged, and so on, they *do* perceive quite a bit of their world without making active checks.
Indeed. I would expect this to be going on as a protection against DM brevity in description. As with the example of the hawk flying out of the tree. The GM left the height/distance from PC out of the description. generally it's not needed until the player thinks it is/tries to do something that makes that info needed.
However, it is obvious that the PC would know this already.
So the moment the PC starts trying to do something nonsensical like stabbing a bird flying 20 feet above him, I would intervene and correct the information gap.
If the PC is acting on something he "might" know, I might already have rolled perception checks (I do that for hidden doors when a PC enters a room ahead of time so I can include a clue in the description or not).
Part of my practice might sound like retconning actions, but I really prefer to avoid making my players take very stupid actions that basically mark their PCs as idiots and lower the overall quality level of the campaign due to a simple communication mistake.