Topacio v.

Ong
December 18, 2008
Carpio-Morales, J:
Facts:
Petitioner Ferdinand Topacio implored the Office of the
Solicitor General (OSG) to initiate a quo warranto
proceeding against Gregory Santos Ong. He points out
that natural-born citizenship is also a qualification for
appointment as member of the Sandiganbayan and
that Ong has failed to meet the citizenship requirement.
Topacio bases his petition on the decision in
kilosbayan foundation v. ermita where the court
enjoined Ong from accepting an appointment to
Associate Justice of the Supreme Court until he shall
have completed all necessary steps, through
appropriate adversarial proceedings, to show that he is
a natural-born Filipino citizen and correct the records of
his birth and citizenship.
Petitioner contends that Ong must desist form holding
a position as Associate Justice of the Sandiganbayan
because his birth certificate still indicate him to be a
Chinese citizen.
Ong contends that the kilosbayan case did not annul
his appointment as Justice of the Supreme Court but
enjoined him from accepting his appointment, that

there is no pronouncement that he is not a natural born

Filipino.
Issue: Whether or not Ong must be disqualified from being an
associate justice of the Sandiganbayan
Ruling

Ruling:
No. The case is different from kilosbayan v. ermita ,
given Ongs actual physical possession and exercise of
the functions of the office of an Associate Justice of the
Sandiganbayan, which is a factor that sets into motion
the de facto doctrine.
A de facto officer is one who is in possession of the
office and is discharging its duties under color of
authority, meaning that derived from an election or
appointment, however irregular or informal. If a person
appointed to an office is subsequently declared
ineligible for it, his presumably valid appointment will
give him the color of title that will confer on him the
status of a de facto officer.
Petition is dismissed.