Practice question
A de facto officer in good faith actually performs the duties of an office, and no de jure officer exists. Assuming all other applicable compensation requirements are satisfied, explain the qualified emoluments rule recognized in Monserate and Unda. May the same conclusion automatically be applied when a de jure claimant exists?
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
- Civil Service Commission v. Unda, G.R. Nos. 213237 and 213331, September 13, 2017, main decision, de facto service and emoluments where no de jure officer exists: https://lawphil.net/judjuris/juri2017/sep2017/gr_213237_2017.html
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