1. Definition: One who performs public functions / duties of government by virtue of direct provision of law, popular election, or appointment by competent authority. His duties involve the exercise of discretion in the performance of the functions of the government, and are not of a merely clerical or manual nature.
(a) Who are public officers: For applying the RPC, employees, agents, or subordinate officials, of any rank or class, who perform public duties in the government or in any of its branches.
(b) Who are not public officers:
(i) Special policemen salaried by a private entity and patrolling only the premises of such private entity (Manila Terminal Co. v. CIR);
(ii) Concession forest guards (Martha Lumber Mill v. Lagradante);
(iii) Company cashier of a private corporation owned by the government (Tanchoco v. GSIS)
2. A person cannot be compelled to accept a public office.
Exceptions:
- Citizens required, under conditions provided by law, to render personal military or civil service (Sec. 4, Art. II, 1987 Const.);
- Person elected to a public office but refuses without legal motive to be sworn in or to discharge his duties.
3. No presumption of power: The government is merely an agency through which the will of the state is expressed and enforced. Its officers therefore are likewise agents entrusted with the responsibility of discharging its functions. As such, there is no presumption that they are empowered to act.
There must be a delegation of such authority, either express or implied. In the absence of a valid grant, they are devoid of power. (Villegas v. Subido) C. Classification of Public Offices and Public Officers
1. Creation
(a) Constitutional (b) Statutory 2. Public Body Served
(a) National (b) Local
3. Department of government to which their functions pertain
(a) Legislative (b) Executive (c) Judicial 4. Nature of functions
(a) Civil (b) Military
5. Exercise of Judgment or discretion (a) Quasi-judicial
(b) Ministerial 6. Legality of Title to office
(a) De Jure (b) De Facto 7. Compensation
(a) Lucrative (b) Honorary D. De Facto Officers
1. De Facto Doctrine: A person, who, by the proper authority, is admitted and sworn into office is deemed to be rightfully in such office until: (a) by judicial declaration in a proper proceeding he is ousted therefrom; or (b) his
admission thereto is declared void.
2. Purpose of the doctrine: To ensure the orderly functioning of government.
The public cannot afford to check the validity of the officer's title each time they transact with him.
3. Definition of De Facto Officer: Where the duties of his office are exercised under any of the following circumstances:
(a) 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;
(b) 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);
(c) Under color of a known election or appointment, void because:
i. the officer was not eligible;
ii. want of power in the electing or appointing body;
iii. defect or irregularity in its exercise;
iv. such ineligibility, want of power, or defect being unknown to the public.
(d) Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such.
4. Comparisons
(a) Officer De Jure v. Officer De Facto
De Jure De Facto
Requisites Existence of a de jure office;
Color of right or general acquiescence by the public;
Actual physical possession of the office in good faith
Basis of
Authority Right: lawful right / title
to the office Reputation: possession and performs the duties under color of right, without being technically qualified in all points of law to act How ousted Cannot be ousted. By direct proceeding (quo
warranto); not collaterally Validity of
official acts Valid, subject to exceptions (e.g., done beyond scope of his authority, etc.)
Valid as to the public until his title is adjudged insufficient.
Compensation Entitled as a matter of right;
"No work, no pay" is not applicable to him.
Entitled only during the time when no de jure officer is declared;
Paid only for actual services rendered by him.
(b) Officer De Facto v. Intruder
De Facto Intruder
Nature Officer under any of the 4 circumstances discussed under Part II (above).
Takes possession of an office and undertakes to act officially without authority, either actual or apparent Basis of
authority Color of right or title to
office None.
Validity of
"official" acts
Valid as to the public until his title is adjudged insufficient
Absolutely void
Compensation Entitled only during the time when no de jure officer is declared;
Paid only for actual services rendered by him.
Not entitled.
- An intruder / usurper may ripen into a de facto officer. Good faith on the part of the public is a factor in this.
4. Office created under an unconstitutional statute: He may be considered de facto at least before the declaration of unconstitutionality.
5. Legal Effect of Acts of De Facto Officers
(a) As regards the officers themselves: A party suing or defending in his own right as a public officer must show that he is an officer de jure. It is not sufficient that he be merely a de facto officer.
(b) As regards the public and third persons: The acts of a de facto officer are valid as to third persons and the public until his title to office is adjudged insufficient.
(c) Official Acts of De Facto Officers not subject to collateral attack Remedy: Quo warranto proceedings
6. Liabilities: Generally held to be the same degree of accountability for official acts as that of a de jure officer. The de facto officer cannot excuse his responsibility for crimes committed in his official capacity by asserting his de facto status.
7. Right to Compensation
General rule: Cannot maintain an action to recover the salary, fees or other emoluments attached to the office, even though he has performed the duties thereof. (Gen. Manager of PPA v. Monserate)
Exception: One who becomes a public officer de facto without bad faith on his part, and who renders the services required of the office.
II. ELIGIBILITY AND QUALIFICATIONS A. Definition
1. Eligibility: endowment / requirement / accomplishment that fits one for a public office.
2. Qualification: endowment / act which a person must do before he can occupy a public office.