Practice question
A statute gives an officer thirty days to perform a mandatory duty. Without just cause, she does nothing for six months, causing loss to the private party concerned. She invokes the absence of a personal financial benefit. Under Section 38(2), which answer is best?
- Absence of profit does not eliminate the stated damages rule for unjustified neglect
- Only profitable delay can be actionable
- A fixed period is merely advisory in every case
- Public employment automatically immunizes neglect
- The rule applies only if no deadline exists
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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