CHAPTER 3 DE FACTO OFFICERS

RATIONALE
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Public were not supposed to verify the credentials of every functionary

exercising official functionpublic has right to presume that he is officer he
assumes to be; no need to verify.
Otherwisethere would be delay and inconvenience as each officer
endeavours to prove his right to act.
THUS, it is not only the acts of the lawful officer that are regarded as valid
and binding
As to third personslegal effect is accorded to certain acts of a person whose
title is presumptively legitimate, that is who reasonably appears to be the
officer he assumes to be, although he really does not have valid title to the
position he is holding--- OFFICER known as de facto officer

DEFINITION
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Chief Justice Butler (State vs Carroll)

An officer de facto is 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 public and third persons, where the duties of the office 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
2. Under the color of known and valid appointment or election, but where the
officer had failed to conform to some precedent, requirement, or
condition, as to take an oath, give a bond, or the like;
3. Under the color of a known appointment or election, void because the
officer was not eligible or because there was a want of power in the
electing or appointing body, or by reason of some defect or irregularity in
its exercise, usch eligibility, 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

DISTINCTIONS
DE JURE OFFICER
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one who has lawful title to the office but has not been able to take
possession of it or has been ousted therefrom.
Has title
One validly appointed to a position

DE FACTO OFFICER

one who possesses the office although he has an imperfect or only

colourable title
Has a color of title; as distinguished from usurper or intruder who has neither
title nor color of title
His color of titlemay ripen into an officer de jurehe repairs his omission
and takes the required oath or posts the needed bond
One who is in possession of the office and discharging its duties under color
of authority
Color of authorityderived from an election or appointment, however
irregular in form

INTRUDER/ USURPER
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has neither title nor color of title

Acts of usurper is entirely void
An intruder may grow into an officer de factoif his assumption of office is
acquiesced in, thereby acquiring color of title to the office

REQUISITIES OF DE FACTO OFFICESHIP

Tuanda vs sandiganbayan
the condition and elements of de facto officership are the ff:
1. There must be a de jure office
2. There must be color of right or general acquiescence by the4 public
3. There must be actual physical possession of the office in good faith.
A. EXISTENCE OF A DE JURE OFFICE
- no de facto if no de jure office, although there may be a de facto officer in a
de jure office
- no such thing as de facto office
- office occupied by the de facto officermust bge legitimateexcept that
there is some defect in the title of the person holding it
de facto officerperson occupying a legitimate office was invalidly
appointed or elected, or is not possessed of the necessary eligibility
- If the defective is not the title, but the office itslefnot de facto officer
Ex: executive vice presidentoffice is void; even if the holder had been
validly electedcannot be considered de facto officer for the lack of office de
jure
Ex: the declared unconstitutional is the manner of filling the office not the
officethere could exist de facto officer
B. COLOR OF TITLE
It is derived from reputation or acquiescence or from an invalid appointment
or election
Tayko vs capistrano:

judge who is automatically retied upon reaching 70 but continues discharging

his duties in the court will be a de facto officer if the public continues to
acquiesce in his acts because of his reputation
His title over previous valid appointment--- will have lapsed still consider and
acknowledge him as judge
General rule of law that an incumbent of an office will hold over after the
conclusion of his term until the election and qualification of a successor
When a judge in good faith remains in office after his title has ended, he is de
facto officer
The said judge msut be considered a judge de facto
His term of office may have expired, but his successor has not been
appointed, and as good faith presumed, he must be regarded as holding over
in good faith
A judge who0 continued as though he had reached retirement agejudge de
factohis term of office may have expired but his successor has not yet been
appointed, and as good faith is presumed, he must be regarded as holding
over in good faith

Rodriguez vs tan
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Candidate proclaimed in an election irregularly held will be a de facto officer

before the nullification of the election as such election will give him color of
title to the office from which he is ultimately ousted
Defendant acted as de facto officer during the time he held the office of
senator
SC-considered as de facto officers were senators who was alter defeated in
an election protest

Regala vs cf
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Person appointed to an office is subsequently declared ineligible his

presumably valid appointment will give him color of title that will confer on
him the status of a de facto officer
Judge who had denied a motion for reconsideration before his receipt of the
official notification of the disapproval of his appointment by the commission
on aapointmentwas a de facto officer
all his ooficial acts as judge de facto are valid for all legal purposes, and for
all kinds of cases, like those of judge de jure

People vs gabitiran
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Of being qualified for the office, he was appointed thereto by one who did not
have the power of appointment, the appointment will nonetheless provide
him with color of title and confer upon him de facto standing

** as long as the defect in the appointment or election is unknown to the public

the occupant of the office will have color of title an can be considered de facto
officer
Monroy vs CA
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Mayor who insisted on remaining as such notwqithstanding his forfeiture of

his office when he filed a certificate of candidacy for another position

C. PHYSICAL POSSESSION OF THE OFFICE