Practice question
A rightful officer accepts a lower post under protest while pursuing reinstatement to the contested higher office. An opponent says acceptance of the lower salary necessarily abandons the higher-office claim. Which qualified conclusion follows Monserate’s treatment of its facts?
- Any lower salary always erases every claim to a former office.
- Protest can never be relevant.
- A lower appointment automatically makes all previous appointments void.
- Acceptance under protest did not itself amount to abandonment of the rightful-office claim in that setting.
- The officer automatically earns two full salaries for the same period.
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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