CHAPTER 3 DE FACTO OFFICERS

De Facto Doctrine It is not only the acts of the lawful officer that are regarded as valid and binding. Insofar as third persons are concerned, legal effect is also accorded to certain acts of a person whose title is presumptively legitimate or has no valid title to the position he holds. Rationale Members of the public dealing with government are not supposed to verify credentials of every functionary exercising public functions. They have the right to presume he is the officer he assumes to be. De Facto Officer Chief Justice Butler one whose acts, though not those of a lawful officer, the law upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties were exercised: (1) Without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to the be the officer he assumed to be; or (2) Under color of a known and valid appointment or election, but where the officer has failed to conform to some precedent requirement or condition (e.g., taking an oath or giving a bond); (3) Under color of a known election or appointment, void because: (a) the officer was not eligible; (b) there was a want of power in the electing or appointing body; (c) there was a defect or irregularity in its exercise; such ineligibility, want of power, or defect being unknown to the public. (4) Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such (State v. Carroll).

DISTINCTIONS De Jure vs. De Facto De Facto Officer (1) De jure office; (2) Color of right or general acquiescenc e by the public; (3) Actual physical possession of the office in good faith

De Jure Officer

(1)

Existence of a de jure office;

(2) must possess the legal qualifications for the office in question; Requisites (3) must be lawfully chosen to such office;

(4) must have qualified himself to perform the duties of such office according to the mode prescribed by law. Has lawful title to the office Has not been able to take possession of it or has been ousted from it Cannot be ousted except for justifiable reasons Valid, subject to exceptions (e.g., they were done beyond the scope of his authority, etc.) Entitled to compensation as a matter of right;

Title

Has imperfect or colorable title only Actually possesses the office Only by a direct proceeding (quo warranto); not collaterally Valid as to the public until such time as his title to the office is adjudged insufficient. Entitled to receive compensation only during the time when no de jure officer claims the office; He renders service in good faith.

Possession of Office

How ousted

Validity of official acts

Rule on Compensation

The principle of "no work, no pay" is not applicable to him.

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or apparent Examples of De Facto Officers: 1. a person who has been declared winner by the court or by the COMELEC in an election protest and assumed office based thereon and who has thereafter been adjudged not entitled to the office is a de facto officer because he exercised the duties of the elective office under color of election thereto and is thus entitled to the emoluments of the office; not a usurper because a usurper is one who undertakes to act officially without any color or right 2. a judge who resigned in his position is considered de facto officer until he is formally notified of the acceptance of his resignation, for a resignation to be effective must be accepted by the officer authorized to accept it 3. a person appointed to a position during the period that the incumbent, who was removed therefrom, was litigating his action for reinstatement, may be considered a de facto officer 4. a person who acts and discharges the office pursuant to an appointment w/c requires approval by another officer or office, such as the Civil Service Commission, is a de facto officer until the appointment is finally approved or disapproved if approved, he becomes a de jure officer; if disapproved, he becomes an usurper 5. an elected officer who has been proclaimed and has assumed office but was later on ousted in an election protest or quo warranto is a de facto officer during the time he held the office Color of right or title to office None. He has neither lawful title nor color of right or title to office. Absolutely void; they can be impeached at any time in any proceeding (unless and

Basis of authority

Validity of "official" acts

Valid as to the public until such time as his title to the office is adjudged insufficient

until he continues to act for so long a time as to afford a presumption of his right to act)

Usurper one who usurps an office and undertakes to act officially without any color of right, as distinguished from a de facto officer who exercises the duties of an office under a color of appointment or election De Facto vs. Intruder De Facto Intruder One who takes possession of an office and undertakes to act officially without any authority, either actual

Rule on compensatio n

Entitled to receive compensatio n only during the time when no de jure officer is declared; paid only for actual services rendered by him.

Not entitled to compensatio n at all.

Color of Authority the possession of an office and discharging of duties derived from an election or appointment, however irregular or informal

Nature

Officer under any of the 4 circumstance s discussed under Part II (above).

Q: Can an intruder / usurper ripen into a de facto officer?

A: Yes. With the passage of time, a presumption may be created in the minds of the public that the intruder has a right to act as a public officer.

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Q: Is good faith a factor in the ripening of intruder status into de facto status? A: Yes. HOWEVER, it must be noted that the
good faith must be on the part of the public; not on the part of the intruder.

GR: De Facto officer cannot claim a salary and other compensation for services rendered by him and may be required to pay it back if he has collected such salary when de jure officer claims the office. EXP: The De Facto officer may claim or retain salaries IF: 1. He rendered services in GOOD FAITH 2. There is NO DE JURE OFFICER claiming the office

Requisites of a De Jure Office (1) Existence of a de jure office; (2) Color of right or general acquiescence by the public; (3) Actual physical possession of the office in good faith 1. Existence of a De Jure Office GR: There is no de facto officer where there is no de jure office. There is NO SUCH THING AS A DE FACTO OFFICE. If the office itself is defective or void, there is no de facto officer due to lack of a de jure office. If only the manner of filling the office is unconstitutional, holder is a de facto officer. 2. Color of Title Derived from reputation or acquiescence or from an invalid appointment or election (also Color of Authority) Continues as long as the defect in the appointment or election is unknown to the public All official acts are valid for all legal purposes even after appointment or election is disapproved 3. Physical Possession of the Office Without this requisite, discharge of powers and duties of the office will not be possible Ceases to exist when the office has been vacated by the de jure officer or has been abolished Effects of Acts of De Facto Officers GR: Acts ultra vires are not binding. Only The lawful acts of a de facto officer are valid as to third persons and the public until his title to office is adjudged insufficient

Challenge to a De Facto Officer GR: The incumbency of a de facto officer acts may not be challenged collaterally or in an action to which he is not a party but in a direct proceeding where title to the office will be the principal issue REMEDY: Quo warranto proceedings

Who may file: (1) The person who claims to be entitled to the office; (2) The Republic of the Philippines, represented by (a) the Solicitor-General; or (b) a public prosecutor.

As to compensation

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