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May the courts determine the proper classification of

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Unformatted text preview: cial duties, in addition to whatever special damages may be due from him because of his unlawful assumption of office Q: How is a challenge to a de facto officer made? A: 1. The incumbency may not be challenged collaterally or in an action to which the de facto officer is not a party 2. The challenge must be made in a direct proceeding where title to the office will be the principal issue 3. The authorized proceeding is quo warranto either by the Solicitor General in the name of the Republic or by any person claiming title to the office Q: Differentiate a de jure officer from a de facto officer. A: DE JURE OFFICER Has lawful title to the office Holding of office rests on right Officer cannot be removed through a direct proceeding (quo warranto) DE FACTO OFFICER Has possession and performs the duties under a colorable title without being technically qualified in all points of law to act Holding of office rests on reputation Officer may be ousted in a direct proceeding against him ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 131 UST GOLDEN NOTES 2011 Q: What are the differences between a de facto officer and a mere usurper? A: DE FACTO OFFICER USURPER 3. Takes possession of an Complies with the 4 office and does official elements of a de jure acts without any actual officer or apparent authority Has color of right or title Has neither color of right to office or title to office Acts are rendered valid as to the public until his title Acts are absolutely void is adjudged insufficient Entitled to compensation Not entitled for services rendered compensation to Q: AVE ran for Congressman of QU province. However, his opponent, BART, was the one proclaimed as the winner by the COMELEC. AVE filed seasonably a protest before HRET (House of Representatives Electoral Tribunal). After two years, HRET reversed the COMELEC’s decision and AVE was proclaimed finally as the d...
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