8/13/2019 Torres v Ribo

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G.R. No. L-2051 May 21, 1948BERNARDO TORRESvs.MAMERTO S. RIBO and ALEJANDRO BALDERIAN,

Fa!"#Bernardo Torres, Mamerto Ribo and Alejandro Balderian were the gubernatorial candidates of Leyte in the 1!"election. Mamerto Ribo was then the incumbent governor while the two other candidates were members of the#rovincial board. $nder %ec. 1&' of the Revised (lection )ode, they were su##osed so sit as members of the*rovincial Board of )anvassers but since they were candidates, they were thus dis+ualified to sit therein.*ursuant to %ec. 1&' of the same code, the )M(L(), thru a telegram dated -ovember / th, sent to the#rovincial treasurer who received the telegram on the 1 st, a##ointed the division schools su#erintendent, thedistrict engineer as well as the district health officer to re#lace the dis+ualified *B) members. 0t was indicated thatthey could assume the #osts as soon as they receive their a##ointment. $nfortunately, the division schoolssu#erintendent and the district engineer were not able to receive the a##ointment as they were in the other #art ofthe #rovince until the !th.

Meanwhile, on -ovember , the #rovincial treasurer, the #rovincial fiscal, the acting district health officer, thechief cler of the division su#erintendent of schools as well as the assistant civil engineer in the district engineer2soffice canvassed the votes for the #rovincial governor and the other officials and then #roclaimed Ribo as the duly

elected governor. n the !ththe *B) convened again but this time, the district engineer and the division schoolssu#erintendent attended after canvassing the votes, they declared Ribo as the winning candidate. The issue ofwhether the chief cler of the division su#erintendent of schools and the assistant civil engineer in the districtengineer2s office were lawful members of the *B). The first trial judge who handled the case held they were notbut the second judge to which the case was transferred answered in the affirmative saying that it would be absurdit they would not be considered as being authori3ed by their su#eriors considering their res#ective #ositions.

1"!I""$%# 4- the two may be considered as lawful members of the *B).

&%'d# -o. There is no evidence to show that they were authori3ed by their res#ective su#eriors to re#resentthem in the canvassing of votes. And even if they were indeed authori3ed, it would not mae them lawfulmembers of the *B). The law e5#ressly mandates who are the +ualified members of the *B) and it also#rovided those who can be substitute members in case of dis+ualification. The enumeration is e5clusive and no

other #erson can be a##ointed as such. The a##ointment of a substitute member is #ersonal and restricted andhis #owers must be #erformed directly and in #erson by the a##ointee. An officer to whom discretion is entrustedcan not delegate it to another. The #owers of the board of canvassers are not #urely ministerial, as the courtbelow erroneously holds. The board e5ercise +uasi6judicial functions, such as the function and duty to determinewhether the #a#ers transmitted to them are genuine election returns signed by the #ro#er officers.

2ndI""$%#4hether the two could at least be deemed as de facto officers

&%'d# -o. An officer de facto is one who has the re#utation of being the officer he assumes to be, and yet is nota good officer in #oint of law. 7e must have acted as an officer for such a length of time, under color of title andunder such circumstances of re#utation or ac+uiescence by the #ublic and #ublic authorities, as to afford a#resum#tion of a##ointment or election, and induce #eo#le, without injury, and relying on the su##osition that heis the officer he assumes to be, to submit to or invoe his action. Ti3on and *ascual did not #ossess any of these

conditions. They acted without any a##ointment, commission or any color of title to the office. There was noac+uiescence, #ublic or #rivate, in their discharge of the #osition. 0n fact the very #erson most greatly affected bytheir assum#tion of the office, Bernardo Torres, was not notified and was not unaware of it.