Philippine Bar review · Question

Practice question: De Facto and De Jure Officers

Multiple Choice Easy Jurisprudence

Practice question

Under Monserate’s stated general rule when a de jure officer exists, does a de facto officer’s good faith alone establish entitlement to the office’s salary against the rightful incumbent?
  1. Yes; good faith always defeats the rightful incumbent.
  2. No; the existence of the de jure claimant materially changes the salary inquiry.
  3. Yes; public-act validity automatically awards every salary.
  4. Yes; the office can never have a rightful claimant.
  5. No, because salaries may never be paid for any actual public service.

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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