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?
- Yes; good faith always defeats the rightful incumbent.
- No; the existence of the de jure claimant materially changes the salary inquiry.
- Yes; public-act validity automatically awards every salary.
- Yes; the office can never have a rightful claimant.
- 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
Answer this question in flashcards to review your response and continue practicing.