2010 Political Law, Q15

True or False.
A person who occupies an office that is defectively created is a de facto officer. (0.5%)
The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (0.5%)
A discretionary duty of a public officer is never delegable. (0.5%)
Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. (0.5%)

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Can a person be considered a de facto officer if the office itself was defectively created and legally non-existent?

Does the prohibition against nepotism apply to a temporary designation of a relative by an appointing authority?

What is the general rule regarding the delegation of discretionary duties by a public officer?

What is the legal effect when a temporary appointee acquires civil service eligibility during their tenure?

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Under Philippine civil service law, what distinguishes a designation from an appointment?

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1. De Facto Officers
A de facto officer is one who has the reputation of being the officer he assumes to be, and who is in the full possession of an office, exercising its duties under color of authority. However, under settled Philippine jurisprudence, there can be no de facto officer without a de jure office. Where an office is defectively created or unconstitutional and thus legally non-existent, a person occupying or attempting to perform the functions of such non-existent office cannot acquire the status of a de facto officer.

2. Prohibition on Nepotism
The statutory rule on nepotism under administrative and civil service law prohibits all appointments made in favor of a relative of the appointing or recommending authority within the prohibited degree of consanguinity or affinity. In Laurel v. Civil Service Commission, the Supreme Court clarified that the prohibition against nepotism applies equally to temporary or official designations as it does to regular appointments. Allowing designations to bypass nepotistic restrictions would defeat the legislative purpose of ensuring merit, fitness, and integrity in public service.

3. Civil Service Appointments
A temporary appointment is given to a person who may not possess the requisite civil service eligibility, serving at the pleasure of the appointing power. Under established jurisprudence including Maturan v. Maglana, the subsequent acquisition of civil service eligibility during the tenure of a temporary appointee does not automatically convert or translate the temporary appointment into a permanent one. To attain permanent status, a completely new appointment expressly indicating permanent tenure must be extended by the competent appointing authority.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026