G.R. No. L-2051 May 21, 1948 BERNARDO TORRES vs. 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, the district engineer as well as the district health officer to re#lace the dis+ualified *B) members. 0t was indicated that they could assume the #osts as soon as they receive their a##ointment. $nfortunately, the division schools su#erintendent and the district engineer were not able to receive the a##ointment as they were in the other #art of the #rovince until the .!th. Meanwhile, on -ovember .., the #rovincial treasurer, the #rovincial fiscal, the acting district health officer, the chief cler1 of the division su#erintendent of schools as well as the assistant civil engineer in the district engineer2s office canvassed the votes for the #rovincial governor and the other officials and then #roclaimed Ribo as the duly elected governor. ,n the .! th the *B) convened again but this time, the district engineer and the division schools su#erintendent attended after canvassing the votes, they declared Ribo as the winning candidate. The issue of whether the chief cler1 of the division su#erintendent of schools and the assistant civil engineer in the district engineer2s office were lawful members of the *B). The first trial judge who handled the case held they were not but the second judge to which the case was transferred answered in the affirmative saying that it would be absurd it they would not be considered as being authori3ed by their su#eriors considering their res#ective #ositions. 1"! I""$%# 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#resent them in the canvassing of votes. And even if they were indeed authori3ed, it would not ma1e them lawful members 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 and his #owers must be #erformed directly and in #erson by the a##ointee. An officer to whom discretion is entrusted can not delegate it to another. The #owers of the board of canvassers are not #urely ministerial, as the court below erroneously holds. The board e5ercise +uasi6judicial functions, such as the function and duty to determine whether the #a#ers transmitted to them are genuine election returns signed by the #ro#er officers. 2nd I""$%# 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 not a good officer in #oint of law. 7e must have acted as an officer for such a length of time, under color of title and under 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 he is the officer he assumes to be, to submit to or invo1e 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 no ac+uiescence, #ublic or #rivate, in their discharge of the #osition. 0n fact the very #erson most greatly affected by their assum#tion of the office, Bernardo Torres, was not notified and was not unaware of it.