Political Law, 2013 Bar — Question MC-XX

MULTIPLE CHOICE

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? (1%) (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.

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