Philippine Bar review · Question

Practice question: De Facto and De Jure Officers

Multiple Choice Medium Jurisprudence

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?
  1. Any lower salary always erases every claim to a former office.
  2. Protest can never be relevant.
  3. A lower appointment automatically makes all previous appointments void.
  4. Acceptance under protest did not itself amount to abandonment of the rightful-office claim in that setting.
  5. 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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