This document discusses de facto officers and distinguishes them from de jure officers and intruders. A de facto officer is one who is in possession of and performing the duties of an office under color of title, even if they do not have lawful title to the office. Their official acts are considered valid as to the public until their title to the office is adjudged insufficient. However, a de facto officer can be ousted through a quo warranto proceeding. The document provides examples of situations that would and would not qualify someone as a de facto officer and outlines the legal effects and liabilities of de facto officers.
This document discusses de facto officers and distinguishes them from de jure officers and intruders. A de facto officer is one who is in possession of and performing the duties of an office under color of title, even if they do not have lawful title to the office. Their official acts are considered valid as to the public until their title to the office is adjudged insufficient. However, a de facto officer can be ousted through a quo warranto proceeding. The document provides examples of situations that would and would not qualify someone as a de facto officer and outlines the legal effects and liabilities of de facto officers.
This document discusses de facto officers and distinguishes them from de jure officers and intruders. A de facto officer is one who is in possession of and performing the duties of an office under color of title, even if they do not have lawful title to the office. Their official acts are considered valid as to the public until their title to the office is adjudged insufficient. However, a de facto officer can be ousted through a quo warranto proceeding. The document provides examples of situations that would and would not qualify someone as a de facto officer and outlines the legal effects and liabilities of de facto officers.
De Facto Doctrine Is it the doctrine that a person who is admitted and sworn into office is deemed to be rightfully in such office until:
(a) He is ousted by judicial declaration in a proper
proceeding; or (b) his admission thereto is declared void. De Facto Officer One who has reputation of being the officer that he assumes to be, and yet is not a good officer in point of law. He must have acted as an officer for such a length of tie under color of title and under such circumstances of reputation or acquiescence by the public and public authorities as to afford a presumption of election or appointment and induce people, without inquiry, and relying on the supposition that he is the officer he assumes to be. When is a person a de facto officer? 1. There is no known appointment or election, but people are induced by circumstances of reputation or acquiescence to suppose that he is the officer he assumes. 2. He possessed public office under color of a known and valid appointment or election, but he failed to conform to some precedent requirement or condition. When is a person a de facto officer? 3. He possessed public office under color of a known election or appointment, but such is VOID because: a. He is ineligible; b. The electing or appointing body is not empowered to do such; c. His exercise of his function was defective or irregular d. The public does not know of such ineligibility , want of power or defect being. When is a person a de facto officer? 4. He possessed public office under color of an election or an appointment by or pursuant to a public, unconstitutional law before the same is adjudged to be such. Officer de Jure vs. Officer de Facto Requisites De Jure De Facto A de Jure office exist De Jure office He is legally qualified for the He assume office under color office of right or general He is lawfully chosen to such acquiescence by the public office he undertakes to perform the He actually and physically duties of such office according possessed the office in good to laws prescribed mode faith Officer de Jure vs. Officer de Facto Basis of Authority De Jure De Facto Right: Reputation: He has the lawful right He possesses office and or title to office performs its duties under color of right, but he is not technically qualified to act in all pints of law Officer de Jure vs. Officer de Facto Basis of Authority De Jure De Facto Right: Reputation: He has the lawful right He possesses office and or title to office performs its duties under color of right, but he is not technically qualified to act in all pints of law Officer de Jure vs. Officer de Facto How Ousted De Jure De Facto Cannot be ousted In a direct proceeding (Quo warranto); (not collaterally) Officer de Jure vs. Officer de Facto Validity of Official Acts De Jure De Facto Valid subject to Valid as to the public exceptions (e.g., acting until his title to the beyond his scope of office is adjudged authority, etc.) insufficient. Officer de Jure vs. Officer de Facto Rules on Compensation De Jure De Facto Rightfully entitled to Conditionally entitled to compensation; receive compensation: The principle No work, only when no de jure no pay is inapplicable to officer is declared; him. He is paid only for actual services rendered. Officer de Facto vs. Intruder Nature De Facto Intruder He becomes officer He possesses office and under any of the four performs official acts circumstances without actual or mentioned above. apparent authority. Officer de Facto vs. Intruder Basis of Authority De Facto Intruder Color of right or title to None. Neither lawful office title nor color of right of office. Officer de Facto vs. Intruder Validity of Official Acts De Facto Intruder Valid as to public until his Absolutely VOID. His acts title to the office is can be impeached at any adjudged insufficient time in any proceeding (unless and until he continues to act for a long time, creating a presumption of his right to act) Officer de Facto vs. Intruder Rules on Compensation De Facto Intruder Entitled to receive Not entitled to compensation only compensation at all. when no de jure officer is declared and only for actual services rendered. Example of De Facto Officers A judge who continued to exercise his duties after his appointment was disapproved by the CA according to a newspaper report, but before receiving the official notification regarding the rejection of his appointment (Regala v. Judge of CFI); Example of De Facto Officers A lawyer instructed by the Acting Provincial Governor to file an information for homicide, where the latter had no authority to designate him as assistant fiscal, and where the DOJ had not authorized him to act as such (People v. Penesa); Example of De Facto Officers A third-ranking councilor who is designated to act as mayor by an officer other than the proper appointing authority prescribed by law, and lacking the consent of the Provincial Board (Codilla v. Martinez) Not considered as De Facto Officers A judge who has accepted an appointment as finance secretary and yet renders a decision after having accepted such appointment (Luna v. Rodriguez) Not considered as De Facto Officers A judge whose position has already been abolished by law, and yet promulgates a decision in a criminal case after the abolition and over the objection of the fiscal (People v. So) Legal Effect of Acts of De Facto Officers As regards the officers themselves A party suing or defending in his own right as a public officer must show that he is an officer de jure. It is not sufficient that he be merely a de facto officer. Legal Effect of Acts of De Facto Officers As regards the public and third persons The acts of a de facto officer are valid as to third persons and the public until his title to office is adjudged insufficient. Legal Effect of Acts of De Facto Officers Official Acts of De Facto Officers not subject to collateral attack The title of a de facto officer and the validity of his acts cannot be collaterally questioned in proceedings to which he is not a party, or which were not instituted to determine the very question. REMEDY Quo warranto proceedings Who may file: The person who claims to be entitled to the office; The Republic of the Philippines, represented by (a) the Solicitor-General; or (b) a public prosecutor Liabilities of De Facto Officers The same degree of accountability for official acts as that of a de jure officer. The de facto officer may be liable for all penalties imposed by law for any of the following acts: a) usurping or unlawfully holding office; b) exercising the functions of public office without lawful right; c) not being qualified for the public office as required by law. The de facto officer cannot excuse his responsibility for crimes committed in his official capacity by asserting his de facto status.