Practice question
A licensing officer has a mandatory duty but no prescribed deadline. Without justification, he shelves a complete application for years, causing proven loss. His sole defense is that only violation of a numerical deadline can trigger Section 38(2). Assess that defense.
- It fails because the subsection also requires performance within a reasonable period when none is fixed
- It succeeds because every undated duty may be ignored forever
- It succeeds whenever the officer dislikes the applicant
- It succeeds because reasonable time is expressly excluded
- It succeeds if another officer once delayed a different matter
Legal references
- Executive Order No. 292, Administrative Code of 1987: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html Book I, Chapter 9, Sections 38(2)–(3) and 39.
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