I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The case of Torres vs. Ribo (81 Phil 44) defines a de facto officer as "one who has the reputation of the officer that he assumes to be, and yet is not a good officer in point of law." He must have acted as a officer long enough and came to power under a colorable (read: defective) authority or by the acquiescence of the people and local authorities. The actions of a de facto officer are considered to have legal effect and are binding. This is for the protection of people who get involved in the official acts of a person performing the duties of a public office.
These are the elements:
1.) A validly existing public office
2.) Actual physical possession of that office
3.) The title to the office is colorable/defective
The office has a colorable title in any of the following instances:
1.) By reputation/aquiescence: everybody supposes that the person holding the office is the legal occupant and nobody questions it. Usually, it happens when somebody has been holding the office for a considerable length of time and everybody as a result thinks he is the officer that he claims to be.
2.) There is a valid appointment or election but the officer didn't meet certain requirements prescribed by the law (like not taking the oath of office.)
3.) There is an appointment or election that is void because the officer in question isn't eligible or the appointing/electing authority had no power and nobody knew that this was so (ex. the president appointing somebody to an elected position.)
4.) Coming to officer through a known appointment or election under a certain law that was later declared unconstitutional.
The rightful officer can recover all the salaries and other benefits from the de facto officer even if the de facto officer assumed office in good faith. What matters, in the first place, is that there is color/doubt to this title. If, however, there is no de jure (lawful) officer the de facto officer is entitled to the salaries and benefits of his office and can even file a case to recover them. Also, if the officer committed unlawful acts before legally assuming office, he can be held liable for damages.
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