Log In Create Account

Philippine Bar review · Question

Practice question: Immunity of Public Officers

Multiple Choice Medium

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?
  1. Absence of profit does not eliminate the stated damages rule for unjustified neglect
  2. Only profitable delay can be actionable
  3. A fixed period is merely advisory in every case
  4. Public employment automatically immunizes neglect
  5. 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.

Answer this question in flashcards to review your response and continue practicing.