2013 (Political Law) Bar Exam Questions: Multiple Choice Question 20

[Answer/discuss the question below. Or see Political Law Instructions; Political Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; Political Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19. See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

XX. Rafael questioned the qualifications of Carlos as congressman of the Third District of Manila on the ground that Carlos is a citizen of the USA. The decision disqualifying Carlos for being a US citizen came only in March 2010, i.e., after the adjournment of the session of Congress on the 3rd year of the position’s three-year term.

What was Carlos’ status during his incumbency as congressman?

(A) He was a de jure officer, having been duly elected and proclaimed.

(B) He was not a public officer because he effectively was not entitled to be a congressman.

(C) He was a de jure officer since he completed the service of his term before he was disqualified.

(D) He was a de facto officer since he had served and was only disqualified later.

(E) He neither possesses de jure nor de facto status as such determination is pointless.

8 comments

  1. What was Carlos’ status DURING his incumbency as congressman?

    D. De facto officer – an office recognized by law and possession of the same under color of title or authority.

  2. Hindi ba siya de jure? Kasi he was elected and he sworn in, nag assume siya ng office and he had a right over such office when he was elected? Yun kasi analysis ko eh pero hindi ko alam naguluhan ako dito eh.

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