Philippine Bar review · Question

Practice question: De Facto and De Jure Officers

Multiple Choice Hard

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?
  1. De facto status enlarges every office's statutory powers
  2. Public reliance always creates missing subject-matter authority
  3. The appointment defect is the only legal defect any court may consider
  4. The doctrine addresses defects in the officer's title, not an independent want of authority in the office itself
  5. 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.