NACHURA LAW ON PUBLIC OFFICERS NOTES: DE FACTO OFFICERS

-Reputation of being an officer and yet is not a good officer in point of law.

-Acted as an officer for such length of time 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/appointment and induce people to submit to or invoke his action.

Legal Effect

– Those that affect the public are valid, binding and with full legal effect.
– For the protection of the public.

Elements

1. validly existing public office

2. actual physical possession of said office

3. color of title to the office

a. by reputation/acquiescence

b. known and valid appointment/election but officer failed to conform to a requirement imposed by law

c. known appointment or election, void (though unknown to public) because:

i. ineligibility of officer
ii. want of authority of appointing/electing authority
iii. irregularity in appointment/election

d. known appointment/election pursuant to unconstitutional law, before law was declared unconstitutional.

Entitlement of Salaries

– GR: rightful incumbent of a public office may recover from an officer de facto the salary received by the latter during the time of his wrongful tenure, even though he entered into the office in good faith and under color of title.

– Where there is NO DE JURE officer, the officer de facto who in good faith has had possession of the office and has discharged the duties is legally entitled to emoluments.

– Principle of public policy on which de facto doctrine is based.