Monroy v CA GR No. L-23258 July 1, 1967 Ponente: Bengzon, JP, J.: Facts: Petitioner was the incumbent Mayor of Navotas Rizal when he filed his certificate of candidacy as representative of the First District of Rizal in the forthcoming elections. Three days later, petitioner withdrew his candidacy, which the COMELEC approved. However, Del Rosario, vice mayor of Navotas, took his oath as a Municipal Mayor on the theory that petitioner had forfeited the said office upon filing his certificate of candidacy. CFI held that the petitioner was deemed resigned upon his filing of COC and ordered to reimburse salaries received in favor of Del Rosario. CA affirmed in toto. Issue: WON Petitioner is deemed a de facto officer from the moment he assumed Del Rosario entitlement to the office of Municipal Mayor, and thus, not required to reimburse salaries to the latter. Ruling: Yes, and it is the general rule that the rightful incumbent of a specific lawful office may recover from an officer de facto the salary received by the latter during the time of his wrongful tenure though he entered into the office with good faith and under color of title, which applies to this case. A de facto officer, not having a good title, takes the salaries at risk and must account to the de jure officer for whatever amount of salary he received during the period of his wrongful retention of the public office.