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is an action against a person who usurps, intrudes into, or unlawfully holds or exercises
a public office or even a public franchise
Republic Individual
is a special civil action commenced in the name of May be brought by an individual in his own name
the RP by a verified petition. if he claims to be entitled to a public office
usurped or unlawfully held or exercised by
another
1. The petition for the usurpation of a public office, position or franchise may be brought against
any of the following:
a) Person;
b) Public officer
c) Association
2.
If brought against a person – said person is one who usurps, intrudes into, or unlawfully holds or
exercises a public office, position or franchise.
If filed against a public officer said officer is one does or suffers an act which by the provision of
law constitutes a ground for the forfeiture of his office.
If filed against an association it is one which acts as a corporation within the Philippines without
being legally incorporated or without lawful authority
Who may commence the petition:
1. When the action is against a person for usurping a public office, position or franchise, the
petition shall set forth:
a. Name of the person who claims to be entitled thereto, if any;
b. The petitioner’s right to the same;
c. Unlawful possession of the office, position or franchise by the respondent
2. All persons who claim to be entitled to the public office, position or franchise may be made
parties.
In the same action, the court shall determine their respective rights to such public office,
position or franchise.
Quo Warranto can be brought only in the: When the action is commenced by the Solicitor
General (SG), the petition may be brought in the
a. Supreme Court RTC of the City of Manila, the CA or the SC.
b. Court of Appeals
c. Regional Trial Court Which has jurisdiction over the territorial area
where the respondent or any of the respondent
resides
In certain cases, the petition may be brought in the Sandiganbayan PD. 1606, as amended by R.A. 8249,
Se. 4 provides:
“The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance f the
writs of mandamus, prohibition, certiorari, habeas corpus, injunctions and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto,
arising or that may arise in cases filed or which may be files under Executive Order Nos. 1, 2, 14 and 14-
A, issued in 1996: Provided that the jurisdiction over these petitions shall not be exclusive of the SC.”
1. Under the Omnibus Election Code, a petition for quo warranto may be brought in the COMELEC,
RTC or Metropolitan or Municipal Trial Court as the case may be.
QUO WARRANTO in the Omnibus Election Code (elective office) distinguished from QUO WARRANTO
in an appointive office
1. General Rule: The proper remedy after the proclamation of the winning candidate for the position
contested would be to file a regular election protest or quo warranto.
An action for quo warranto by reason of ouster from a public office shall be filed within 1 year after the
cause of such ouster, or the right of the petitioner to hold such office or position arose.
JUDGMENT IN QUO WARRANTO PROCEEDINGS
1. In case of usurpation of a public office, when 2. The court may render judgment for
the respondent is found guilty of usurping, costs against either the:
intruding into or unlawfully holding or
exercising a public office, position or Petitioner,
franchise, the judgment shall include the Relator, or
following: Respondent, or
a) Respondent shall be ousted & The person or persons
excluded from the office; claiming to be a corporation.
b) Petitioner or relator, as the case may The court may also apportion the
be shall recover his costs; and costs as justice requires
c) Such further judgment determining
the respective rights in and to the
public office, position, or franchise of
all the parties to the action as justice
requires.
1. The person adjudged to be entitled to the public office may exercise the following rights after
taking his oath of office and executing the required bond:
2. If the respondent refuses or neglects to deliver any book or paper pursuant to such demand, he
may be punished for contempt as having disobeyed a lawful order of the court (Sec. 10 Rule 66 ROC)
Note: A disobedience to a lawful order of the court is cause for an indirect contempt. This
contempt is punished after a charge in writing has been filed, and an opportunity given to the
respondent to be heard (Sec 3 (b) Rule 71 ROC)
3. The person adjudged entitled to the office may also recover the damages sustained by him by
reason of the usurpation. (Sec. 10, Rule 66 ROC)
If the petitioner is adjudged to be entitled to the office, he may sue for damages against the
alleged usurper within one (1) year from the entry of judgment establishing his right to the office in
question (Sec 11 Rule 66 ROC)
QUO WARRANTO AGAINST CORPORATIONS
1. Although a quo warranto proceeding may be brought against an association which acts as a
corporation within the Philippines without being legally incorporated or without lawful authority
so to act, the petition may be brought only against a de facto corporation, not a de jure
corporation.
The latter corporation has no defect in its incorporation and exercises corporate powers
because it was organized in full compliance with the laws. There is therefore, no reason to
attack its existence and its exercise of corporate powers.
2. De facto corporation – is one which, in good faith, claims to be a corporation being organized
pursuant to a valid law, and assumes corporate powers because it was issued a certificate of
incorporation. Traditionally, it has been referred to as a corporation which exists in fact but not
in law.
Under the Corporation Code, the due incorporation of any corporation in good faith to be a
corporation under such Code, and its right to exercise corporate powers, shall not be injured
into collaterally in any private suit to which such corporation may be a party. Such inquiry may
be made by the Solicitor General (SG) in a quo warranto proceeding (Sec 20 Corporation Code of
the Philippines)