DE FACTO OFFICERS

PUBLIC OFFICERS may either be:

. De facto- one who assumed office under a color of a known appointment or election, or void
because of ineligibility or want of power on th start of the electing body, or defect or irregularity
in the exercise, such ineligibility, want of power or defect being unknown to the public (APARRI V.
CA 127 SCRA 231, 1984).
. De jure -one who is, in all respects, legally elected or appointed and qualified to exercise the
office.

Examples of de facto officer:

. One with incomplete appointment
. One appointed by someone having colorable authority to appoint
. One declared elected, but later ousted by way of Quo Warrantio. During the time he held office
before his ouster, he could be termed de facto officer.

DE FACTO OFFICER VS. USURPER 

Usurper is one who undertakes to act without any color of right. Example: no appointment, no
election, he just assumes the position.

In MONROY V. CA 20 SCRA 820, 1967, it was held that a Mayor who filed his COC for
congressman, later withdrew his candidacy and assumed mayoral duties, is NOT a de facto officer
(but a usurper).

Elements of de facto officer:

. There must be a de jure office
. There must be a color of right or authority
. Physical possession of office in good faith
. There must be a recognition by the public of his authority as holder of the position.

Reason for de facto doctrine - protection of the public, NOT protection of the de facto officer.
Otherwise, public would be demanding proof of title on the part of every officer.

Validity of acts of de facto officer - VALID AS FAR THIRD PARTIES are concerned. Thus, a judge
who resigned but continued to discharge his office and tried cases, his 
acts and decisions are valid. (GAMBOA V. CA, 108 SCRA 1, 1981). Note: the de facto officer
seeking to justify his act or defending his right to a public office must allege and prove that he is
a DE JURE OFFICER, for the acts of a de facto officer, AS FAR AS HE HIMSELF IS CONCERNED IS
VOID.

COMPENSATION - a de facto officer, WHO, IN GOOD FAITH, HAS POSSESSION OF AN OFFICE, is

entitled to compensation and emoluments. (CIVIL LIBERTIES UNION V. EXECUTIVE SECRETARY,
194 SCRA 317, 1991)

DIRECT PROCEEDING TO TRY TITLE OF A DE FACTO OFFICER -could  NOT be contested

COLLATERALLY. IT can ONLY also be contested DIRECTLY BY QUO WARRANTO.
COMPENSATION, BENEFITS AND PRIVILEGE
-compensation/salary:  means base salary
-per diem:  means allowance; usually other-than base salary. 
-honorarium: in appreciation-for-service pay

RIGHT TO COMPENSATION AND ALLOWANCE - this right is a statutory right. 

Basic requirements:
1. Existence of a legally-created office
2. Valid appointment
3. Rendition of service
4. Payment to the right person.

SALARY AS INCIDENT OF OFFICE (TRISTE V. LEYTE STATE COLLEGE BOARD IF TRUSTEES, 192
SCRA 326, 1990).

Salary of public officers may not be garnished. This is the general rule. Reasons: 1. Money before
they are paid to the public officer is still government money and state could not be sured without
its consent; it is for reason of sovereignty.

GOVERNMENT POLICY ON COMPENSATION

Basis: equal pay for substantially equal work

The Department of Budget and Management is tasked with administering unified Compensation
and Position Classification System.

-Principles:
1. Just and equitable wages 
2. Comparable to private sector 
3. Total compensation at be reasonable level with national budget 
4. Periodic review of compensation rates.

Position classifications for salary grade purposes:

- professional supervisory: managerial, planning, organizing, directin ,coordinating, supervising,

controlling. Specialized. Salary grade 9-33professional non-supervisory: require exercise of a
particular profession or application of knowledge. Salary grade 8-30.

- sub professional supervisory - performing. Supervisory functions over a group of employees.

Usually, up,to two years of college..salary grade 4-18.
Su professional non- supervisory: in general, support group. Salary grade 1-10.

- Salary grade 33: President and no other.

Salary grade 32- VP, SEN. PRES., Speaker, Chief Justice SC.
4. Salary grade 31- Senators, Assoc. Justices SC, Chairpersons of Const. Comm. dept Sec.

(You may wish to know the other salary grades and position relative thereto, mostly because of
curiosity).
- Mayors are salary grade 27.

Constitutional Restrictions on Compensation:

Fundamental Rules:
. No increase in compensation shall take place during term of Congressmen and Senators who
approved such increase; also applies to President, during his term when the increase was
approved.
. No decrease in compensation during term.
. Constitutional officials' compensation are fixed by law; cannot be dr erased during term.

DOUBLE COMPENSATION - For fulltime employees, the fundamental rule is no double

compensation. This prohibition includes per diem, extra compensation, etc. from government
funds.

Rule on double compensation does not apply to pensions.

Per Diems allowed for members and secretaries of government boards based on statutory
authority, if meetings called by people in authority.

Honoraria - compensation for service; given to experts, resource people, etc., re special/technical
projects.

BENEFITS IN GENERAL