Practice question
Which situation describes the usual de facto officer concept?
- A person privately wishes to be appointed
- A stranger never performs any official act
- A person possesses the office and openly exercises its functions under color of appointment or election despite a defect
- A private consultant gives unofficial advice without claiming office
- A person has only an unrelated professional license
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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