Philippine Bar review · Question

Practice question: Modes of Acquiring Title to Public Office

Multiple Choice Hard

Practice question

A governor dies while a qualified vice-governor is in office. Before death, the governor wrote a personal letter directing that a friend inherit the governorship. The friend is otherwise eligible but holds no succeeding office and has no legally effective appointment. Which claim is sound?
  1. The friend succeeds because personal wishes override Section 44.
  2. Eligibility alone lets the friend displace the vice-governor.
  3. The letter creates a transferable property right in the governorship.
  4. The vice-governor becomes governor by statutory succession; the letter does not transfer public-office title.
  5. The province must be without an executive for the rest of the term.

Legal references

  • RA 7160, Section 44(a), permanent local executive vacancies: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • 1987 Constitution, Article XI Section 1: https://lawphil.net/consti/cons1987.html

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