Philippine Bar review · Question

Practice question: De Facto and De Jure Officers

Essay Hard Jurisprudence

Practice question

A de facto occupant claims that actual work in good faith always entitles him to salary even against an established de jure incumbent. State the distinction in Monserate between the competing-title situation and the no-de-jure-officer situation.

Legal references

  • General Manager, Philippine Ports Authority v. Monserate, G.R. No. 129616, April 17, 2002, main decision: https://lawphil.net/judjuris/juri2002/apr2002/gr_129616_2002.html
  • Civil Service Commission v. Unda, G.R. Nos. 213237 and 213331, September 13, 2017, main decision: https://lawphil.net/judjuris/juri2017/sep2017/gr_213237_2017.html

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