Codilla vs. Martinez

DE FACTO OFFICER

 

FACTS:

Mayor of Tagum designated his Vice Mayor to act in his place for the reason that he needs to attend to his sick brother in Negros Occidental, the designation takes effect until further advice from the Mayor.  The Vice Mayor had lung trouble and so he designated his ranking Councilor, who also was not in good health and designated the third ranking Councilor Jose Martinez, herein respondent.

When Martinez accepted his designation, and assumed office, his first official act being to separate from the service the petitioners as policemen of the Municipality in compliance with Sec. 682 of the Revised Administrative Code which provided that the appointment of Petitioners are in a temporary capacity, because they are not Civil Service Eligibles and such appointments were valid only for three months.

The action of Acting Mayor Martinez was validated when the incumbent Mayor endorsed and ratified the same by his subsequent official actuation; and that, not being Civil Service Eligibles, petitioners may be separated from service upon the expiration of the term of three months.

ISSUE: 

 W/N Acting Mayor Martinez’ designation as Acting Mayor was valid and W/N his actuation was legal?

HELD:

Although his designation was irregular, still he was acting under a color of authority, as distinguished from a usurper who is "one who has neither title nor color of right of an office. . . The acts of Jose L. Martinez are therefore official acts of a de facto officer. If they are made within the scope of the authority vested by the law in the office of the mayor of Tagum, such acts of a de facto office are here present.

An officer de facto is to be distinguished from an officer de jure, and is one who has the reputation or appearance of being the officer he assumes to be but who, in fact, under the law, has no right or title to the office he assumes to hold. He is distinguished from a mere usurper or intruder by the fact that the former holds by some color of right or title while the latter intrudes upon the office and assumes to exercise its functions without either the legal title or color of right to such office.

To constitute a de facto officer, there must be an office having a de facto existence, or at least one recognized by law and the claimant must be in actual possession of the office under color of title or authority. 

Another factor that may be invoked in favor of the validity of the official actuation of Acting Mayor Martinez is the fact that all his official acts done under his designation were subsequently endorsed and ratified by the incumbent mayor when he returned to office. This ratification served to cure any legal infirmity the acts of Acting Mayor Martinez may have suffered because of his irregular designation.