Practice question
A private stranger occupies a desk and signs purported permits without appointment, election, public recognition or any other color of authority. The facts establish a mere intruder, not de facto officeholding. May the stranger establish de facto status solely by pointing to physical possession?
- Yes, a desk alone creates public office
- Yes, every forged signature creates lawful title
- Yes, public office belongs to whoever first enters the room
- Yes, appointment is never relevant
- No; the stipulated bare intrusion lacks the required color or recognized basis of authority
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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