Practice question
An officer without just cause refuses a duty specifically owed under law to an applicant, causing proved material loss. The officer relies solely on job title as complete immunity. Which is correct?
- Job title automatically erases Article 27.
- Every refusal is lawful if issued on official stationery.
- The applicant must always sue the public instead.
- The officer’s office automatically pays without inquiry.
- Article 27 permits the specified claim if its duty, unjustified refusal, causal loss, and other requirements are established.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 27 and32.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48330 — Vinzons-Chato v Fortune Tobacco, GR 141309, December 23 2008, main resolution: particular legal injury and public duty.
- https://lawphil.net/judjuris/juri2024/jun2024/gr_234680_2024.html — Supreme Court GR 234680, June 2024, main opinion: Administrative Code Book I section 38.
Answer this question in flashcards to review your response and continue practicing.