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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ VIII. LAW ON PUBLIC OFFICERS ▸ A. Public Officers, De Facto and De Jure

Question

LAW ON PUBLIC OFFICERS: Public Officers, De Facto and De Jure

Define and explain the concepts of public officers, de facto officers, and de jure officers under Philippine law.

Scenario:

Mayor Santos was serving as the mayor of a municipality for several years. However, it was later discovered that he did not meet the residency requirement prescribed by law. Another candidate, Mr. Reyes, who lost in the election, challenged Mayor Santos' eligibility to hold office.

Discuss the following:

  1. What constitutes a public officer under Philippine law?
  2. Is Mayor Santos considered a de facto officer or a de jure officer?
  3. What are the consequences of Mayor Santos' lack of qualification for the position?


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