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All Jurisprudence based

0 tracked cards Political and Public International Law

In the Municipality of San Elmo, the Mayor appoints Benigno Reyes as Municipal Treasurer without Civil Service Commission confirmation and without meeting the required qualifications. Reyes serves for 9 weeks, signs payrolls, and enters into a two-year contract with SoftPay Systems for payroll software. The rightful appointer later appoints Lana Cruz as Municipal Treasurer, and the Civil Service Commission voids Reyes’s appointment for lack of qualification. The City has already paid SoftPay under Reyes’s purchase orders. Which of the following statements is correct?

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Reyes is a de facto officer; his acts are binding on the City and on SoftPay; The rightful appointer may remove him through proper proceedings but cannot retroactively invalidate acts already performed and obligations incurred. Reyes is a de facto officer; his acts are binding on SoftPay but not on the City; SoftPay may sue the City for payment but the City may withhold. Appointment is void ab initio; Reyes is neither de facto nor de jure; All acts and obligations are void; The City may rescind and recover payments. Reyes is a de facto officer; acts binding on City and SoftPay; Lana Cruz's remedy is to file a petition for quo warranto to oust Reyes; The City must honor the contract;

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