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A.
One who has the reputation of being the
officer that he assumes to be, and yet is not a
Defined.
good officer in point of law [Torres v. Ribo, 81 Phil
44]. He must have acted as an officer for such length
of time, under color of title and under such
circumstances of reputation or acquiescence by the
public and public authorities, as to afford a
presumption of election or appointment, and induce
people, without inquiry, and relying on the
supposition that he is the officer he assumes to be,
to submit to or invoke his action.
C. Elements.
1. A validly existing public office. See Tuamda
v. Sandiganbayan, G.R. No. 110544, October
16, 1995.
2. Actual physical possession of said office.
3.
a.
c.
a
appointment or
election, void
because of the ineligibility
Under
known
the officer, or want of authority of the
of
appointing
or
electing
authority,
because of an irregularity in
or
appointment or election, such ineligibility,
his
want of authority or
being
irregularity unknown to the public.
d. Under a known
or election pursuant to an
appointment
unconstitutional law, before
the
law
declared
is
unconstitutional.
D.
a.
b.
In Rodriguez v. Tan, 91 Phil 724,
the Supreme Court said that having been
duly proclaimed Senator and having
assumed office as required by law, the
defendant is entitled to the compensation,
emoluments and allowances which the
Constitution provides for the position for the
duration of his tenure.
[But note the concurring opinion of Justice
Padilla: If the defendant, directly or indirectly,
committed unlawful or tortious acts which led
to and resulted in his proclamation as
Senator- elect, he would be answerable for
damages.]