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?
- Actual work always makes the rightful title irrelevant.
- Good faith alone does not defeat the de jure claimant; Monserate’s general rule recognizes the rightful incumbent’s competing salary right.
- The public automatically pays every competing claimant a full salary without inquiry.
- A de facto appointment is always legally superior to a de jure appointment.
- 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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