Political Law, 2011 Bar — Question 70

MULTIPLE CHOICE

Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing, Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of Court, that Lot 1 was not involved in any pending case before the court. Acting on the certification, the Register of Deeds canceled the notice of lis pendens annotated on Lot 1’s title. Amor filed a damage suit against Atty. Crispin but the latter invoked good faith and immunity from suit for acts relating to his official duty, claiming he was not yet the Clerk of Court when Amor filed his action. Decide. (A) Atty. Crispin is immune from suit since he enjoys the presumption of regularity of performance of public duty. (B) Atty. Crispin’s defense is invalid since he issued his certification recklessly without checking the facts. (C) Atty. Crispin’s defense is valid since he was unaware of the pendency of the case. (D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for acts relating to his Work.

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