Philippine Bar review · Question

Practice question: De Facto and De Jure Officers

Multiple Choice Medium

Practice question

A person openly performs an existing office's duties under an apparently regular appointment later found defective. The person qualifies as a de facto officer. An official act was within that office's competence and otherwise lawful. A third person argues that the appointment defect alone makes the act void against the public. Which answer is correct?
  1. The de facto doctrine may preserve the act's public validity despite that title defect
  2. Every title defect necessarily voids all official acts
  3. The doctrine automatically makes the appointment de jure
  4. The third person must become the appointing authority
  5. The doctrine validates every act even outside the office's competence

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

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