Philippine Bar review · Question

Practice question: De Facto and De Jure Officers

Multiple Choice Hard Jurisprudence

Practice question

A duly established de jure officer claims salary received by a de facto occupant during wrongful tenure. The latter offers good faith and actual work as the only reasons no accounting can ever be required. No Monserate-type special offset circumstances or other exception is established. Which response best reflects the stated general rule?
  1. Actual work always makes the rightful title irrelevant.
  2. Good faith alone does not defeat the de jure claimant; Monserate’s general rule recognizes the rightful incumbent’s competing salary right.
  3. The public automatically pays every competing claimant a full salary without inquiry.
  4. A de facto appointment is always legally superior to a de jure appointment.
  5. Third-party permit validity determines the salary dispute conclusively.

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

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