Practice question
A de facto licensing officer issues a document granting a power that the office itself has no statutory authority to grant. The absence of subject-matter authority is established independently of any defect in the officer's appointment. The recipient argues that de facto status validates every document signed. Which assessment is correct?
- De facto status enlarges every office's statutory powers
- Public reliance always creates missing subject-matter authority
- The appointment defect is the only legal defect any court may consider
- The doctrine addresses defects in the officer's title, not an independent want of authority in the office itself
- Every private request must be granted by a de facto officer
Legal references
- General Manager, Philippine Ports Authority v. Monserate, G.R. No. 129616, April 17, 2002, main decision, de facto officers and qualified emoluments: https://lawphil.net/judjuris/juri2002/apr2002/gr_129616_2002.html
- Gonzales v. COMELEC, G.R. Nos. L-28196 and L-28224, November 9, 1967, main decision, de facto acts and collateral attack: https://lawphil.net/judjuris/juri1967/nov1967/gr_l-28196_1967.html
Answer this question in flashcards to review your response and continue practicing.