De Facto Officer

(please see sources below)

De Facto Doctrine

The principle which holds that a person, who, by the proper authority is admitted and sworn into office is deemed to be rightfully in such office unit;

a.      by judicial declaration in a proper proceeding he is ousted therefrom

b.      his admission thereto is declared void

Purpose for the doctrine:

a.      To ensure the orderly functioning of the government.

b.      The public cannot afford to check the validity of the Officer’s title each and every time they transact with him.

When is a person a De Facto Officer?

Where the duties of the office are exercised under any of the following circumstances:

       * 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

      * 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);

     * 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.

    * Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such.

           Note:  Here, what is unconstitutional is not the act creating the office, but the act by which the officer is appointed to an office legally existing.  (Norton v. County of Shelby)

Sources: Philippine Administrative Law and Law on Public Officers by: Ruben Agpalo

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