Photo from Unsplash | rivage
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The De Facto Officer doctrine is primarily for protecting those who rely on the official acts of persons discharging the duties of a public office, without being lawful officers. It is meant to ensure the functioning of the government “despite technical defects in the official’s title to office. (Lee Arroyo vs. Honorable Court of Appeals, G.R No. 202860, April 10, 2019)
In public service, the De Facto Officer doctrine plays an important role in safeguarding the integrity of official actions despite technical irregularities in an officer’s appointment. This legal principle serves to maintain the functionality of government operations, even when individuals hold office without proper authorization.
Who is an Officer De Facto?
An officer deemed “de facto” is distinct from one holding legitimate authority (“de jure”). The former assumes the appearance and functions of an office, albeit lacking legal title or right to do so. Unlike mere usurpers, de facto officers operate under a semblance of authority, albeit illegitimate.
To qualify as a de facto officer, the individual must occupy an office recognized by law, albeit with a de facto existence, and must be in actual possession of the office under some semblance of authority.
Jurisprudence says:
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 excercise 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. (Benito Codilla, et al. vs. Jose Martinez, G.R. No. L-14569, November 23, 1960)
Implications of the Doctrine
The De Facto Officer doctrine confers validity upon the actions of an officer with an illegitimate claim to office, treating them as if they were a de jure officer. This means that their official acts are recognized as legally binding, akin to acts performed within the scope of lawful authority.
However, while the doctrine validates official actions, it does not extend to the individual’s entitlement to the benefits associated with the office. In other words, a de facto officer cannot claim salaries or emoluments derived from the position.
Jurisprudence says:
For clarity, the de facto officer doctrine confers validity to the actions of an officer having illegitimate title to the office, as if he or she was acting as a de jure officer. Its effect is similar to the ratification of acts done outside the scope of one’s authority. But the same validity conferred on the official actions of the de facto officer is not accorded to the individual holding the office under a color of right or authority, such that he or she may recover the salaries and emoluments emanating from the office. (Lee Arroyo vs. Honorable Court of Appeals, G.R No. 202860, April 10, 2019)
Related Article/s:
Can corporate officers bind the corporation?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.