lecaroz v. sandiganbayan

To be sure, an oath of office is a qualifying requirement for a public office; a prerequisite to the full investiture with the office. ¹⁵ Only when the public officer has satisfied the prerequisite of oath that his right to enter into the position becomes plenary and complete. Until then, he has none at all. And for as long as he has not qualified, the holdover officer is the rightful occupant. It is thus clear in the present case that since Red never qualified for the post, petitioner Lenlie Lecaroz remained KB representative to the Sanggunian, albeit in a carry over capacity, and was in every aspect a de jure officer, ¹⁶ or at least a de facto officer ¹⁷ entitled to receive the salaries and all the emoluments appertaining to the position. As such, he could not be considered an intruder and liable for encroachment of public office. ¹⁸