8. RULE 66: QUO WARRANTO
hold holdin ing g ofce ofce and and action must be commenced within & year year rom rom caus cause e o oust ouster er or rom rom the the time the right o peti petiti tion oner er to hold hold ofce arose.
Q: What is quo warranto? A: It A: It is a proceeding or writ issued by the court to determine the right to use an ofce, position or ranchise and to oust the person holding or exercising such ofce, position or ranchise i his right is unounded or i a person perormed acts conside considered red as ground grounds s or oreiture oreiture o said exercise o position, ofce or ranchise. commenced ced by a verie veried d petitio petition n Note: te: It is commen
Petit Petition ioner er is person person entitled to ofce #Riano, Civil Procedure: A Restateme Restatement nt or t!e "ar, ##. 672, 2$$% ed.).
brou brough ghtt in the the name name o the the Repub epublic lic o the the Philippines or in the name o the person claiming to be entitled to a public ofce or position usurped or unlawully held or exercised exercised by another (Sec. 1, Rule 66).
Perso erson n ad! ad!udge dged entitled to the ofce may bring a separate acti action on agai agains nstt the the respondent to recov ecover er dama damage ges. s. (Se (Sec 11, Rul Rule 66, Rules o Court)
Q: What is the nature and purpose of quo warranto? A: It literally means “by what authority and the ob!ect is to determine the right o a person to the use or exercise o a ranchise or ofce and to oust the holder rom its en!oyment, i his claim is not well"ounded, or i he has oreited his right to en!oy the ofce #T # Tecson v. Comelec, Co melec, 424 SCRA 227$. 227$. a. i ist stin in!u !uis ish h fr fro" o" qu quo o o"ni#us e$e%tion %ode
warr wa rran anto to
in
Q: istin!uish istin!uish quo warranto under Ru$e 66 fro" quo warranto in e$e%to %tora$ pro%eedin!s. A:
proc proclam lamati ation on o the the cand candid idat ate. e. #Riano, Civil Procedure: A Restat Restateme ement nt or t!e "ar, ##. 672, 2$$% ed.). Petitioner may be any voter even i he is not entitled to the ofce. #Riano, Civil Procedure: A Restat Restateme ement nt or t!e "ar, ##. 672, 2$$% ed.). (ctual or compensatory damages are recov ecover erab able le in uo -arranto proceedings under the )mnibus *lection +ode.
Note: I the dispute is as to the counting o votes or on matters connected with the conduct o the election, election, uo -arranto is -arranto is not the proper remedy but an election protest (Cesar v. &arrido, &.R. o. $7$', /ar. 2', 1%2%).
Q: istin istin!ui !uish sh quo warran warranto to in e$e%ti e$e%ti(e (e o)%e fro" an appointi(e o)%e. A:
Quo Warranto Under Ru$e 66
Quo Quo War arra rant nto o &n E$e%tora$ 'ro%eedin!s
Issu Issue e is lega legali lity ty o the occupancy o the ofce by virtue o a lega legall appo appoin intm tmen entt #Riano, Civil Procedure: A Restateme Restatement nt or t!e "ar, ##. 672, 2$$% ed.).
Issue Issue iseligib iseligibilit ility y o the person elected #Riano, Civil Procedure: A Restat Restateme ement nt or t!e "ar, ##. 672, 2$$% ed.).
&rounds: &rounds: usurpation, oreitu oreiture, re, or illegal illegal asso associ ciat atio ion n (Sec (Sec 1, Rule 66, Rul Rules o Court) Presupposes that the respondent is already actually
&rounds: ineli eligibi ibility ity or dis%ualication dis%ualication to hold the the ofc ofce (sec 2', mni*us +lection Code) Petitio Petition n must be led withi thin &' days rom the
E$e%ti(e O)%e Appointi(e O)%e 0ssue: eligibil eligibility ity o 0ssue: valid validity ity o the respondent the appointment +ourt will oust the person rson ill illega egally lly appointe appointed d and will order order the seatin seating g )ccupant declared o the person who ineligibledisloyal was legally will will be unse unseat ated ed appointed and but but petiti petitione onerr will will entitled to the not be declared the ofceofce- he he +ourt +ourt rightul occupant o has to declare who the ofce. (uval v the person entitled &ura, '2 P!il 6' to the ofce is i he on t!e resolution o is a petitioner t!e motion or (uval v &ura, '2 reconsideration) P!il 6' on t!e reso resolu luti tion on o t!e t!e motion or reconsideration).
Q: A!ainst who" a quo warranto "a* #e +$ed? A: he action must be led against/ a. ( person who usurps, intrudes into, or unlawully holds or exercises a public ofce, position or ranchiseb. ( public ofcer who does or su0ers an act which, by the provision o law, constitutes a ground or the oreiture o his ofce- and c. (n association which acts as a corporation within the Philippines without being legally incorporated or without lawul authority so to act #de acto corporation$ (Sec. 1, Rule 66). (ctions o uo -arranto against Note: corporations now all under the !urisdiction o the R+ acting as 1pecial +ommercial +ourts (Sec. '.2, Securities Reulations Code). 2uo warranto will only l ie against 3* 4(+) corporations.
#. When !o(ern"ent "a* %o""en%e an a%tion a!ainst indi(idua$s, %. When indi(idua$ "a* %o""en%e an a%tion
9.
9iscretionar 8 brought by the 1olicitor 5eneral or a public prosecutor at the re%uest and upon the relation o another person, provided there must be/ a. leave o court b. at the re%uest and upon the relation o another person c. indemnity bond (Sec. , Rule 66)
Q: When an indi(idua$ "a* #rin! an a%tion for quo warranto and what "ust he show? A: ( person claiming to be entitled to a public ofce or position usurped or unlawully held or exercised by another may bring an action thereor in his own name #Sec. ', Rule 66$. 1uch person may maintain action without the intervention o the 1olicitor 5eneral and without need or any leave o court. :e must show that he has a clear right to the ofce allegedly being held by another # Cuevas vs. "acal, 47 SCRA $. Note: he 1olicitor 5eneral or public prosecutor may commence the action at the instance o another person. In this case, leave o court is necessary #Sec. , Rule 66$.
Q: Who "a* %o""en%e the a%tion? A: #a$ 1olicitor 5eneral #b$ Public Prosecutor #c$ Individual claiming to be entitled to the ofce or position usurped or unlawully held or exercised by another # Sec. ' Rule 66$ Note: 6y analogy with provisions o 1ec. 7, it has been held that a pu#$i% uti$it* may bring a %uo warranto action against another public utility which has usurped the rights o the ormer granted under ranchise # Cui v. Cui, 6$ P30 '7, A#ril %, 1%45 Realado, Remedial aCom#endium, ol. 0, #. 21, 1$t! ed.$.
Q: What are the %$assi+%ations of quo warranto pro%eedin!s? A: &.
/andator 8 brought by the 1olicitor 5eneral or Public prosecutor when/ a. directed by the Presidentb. upon complaint or when he has reason to believe that the cases or %uo warranto can be established by proo (Sec. 2, Rule 66) c. at the re%uest and upon the relation i another person (e8 relatione), but leave o court must rst be obtained. (Sec. , Rule 66)
Q: Where is quo warranto pro%eedin! +$ed? A: &. It can be brought only in the 1upreme +ourt, the +ourt o (ppeals, or in the Regional rial +ourt exercising !urisdiction over the territorial area where the respondent or any o the respondents residesNote: he petition may be brought in the 16 in certain cases but when in aid o its appellate !urisdiction. #P9 16$6, Sec. 4 as amended * R.A o. 24%, Sec. 45 Riano, Civil Procedure: A Restatement or t!e "ar, #. 67$, 2$$% ed$
-. ;hen the 1olicitor 5eneral commences the action, it may be brought in a Regional rial +ourt in the +ity o
#/ I any, with an averment o his right to the same and that the respondent is unlawully in possession thereo%/ (ll persons who claim to be entitled to the public ofce, position or ranchise may be made parties, and their respective rights to such public ofce, position or ranchise determined, in the same action #Sec. 6, Rule 66$. Q: Whithin what period shou$d a person ousted fro" o)%e +$e a petition for quo warranto? &s there an e0%eption? A: (n action or %uo warranto must be commenced within one #&$ year ater the cause o such ouster, or the right o the petitioner to hold such ofce or position, arose # Sec. 11, Rule 66$. he ailure to institute the same within the reglementary period constitutes more than a sufcient basis or its dismissal (Aleo v. /arue;, 7 SCRA 76), since it is not proper that the title to a public ofce be sub!ected to continued uncertainty # illeas v. 9e la Cru;, 1' SCRA 72$). (n exception to this prescriptive period lies only i the ailure to le the action can be attributed to the acts o a responsible government ofcer and not o the dismissed employee (Conc!ita Romualde;<=a# v. CSC, et. al., &R o. 1$4226, Au. 12, 1%%). Notes: he periods within which %uo warranto action should be brought are a condition precedent to the existence o a cause o action. he pendency o administrative remedies does not operate to suspend the period o one year within which a petition or %uo warranto should be led. ;hile it may be desirable that administrative remedies be rst resorted to, no one is compelled or bound to do so, and as said remedies neither are pre" re%uisite to nor bar the institution o %uo warranto proceedings, they should not be allowed to suspend the period o one year. Public interest re%uires that the right to a public ofce should be determined as speedily as practicable (Torres v. >uintos, &.R. o. < $4, A#ril ', 1%'1).
he court may reduce the period provided by these Rules or ling pleadings and or all other proceedings in the action in order to secure the most expeditious determination o the matters involved therein consistent with the rights o the parties. 1uch action may be given precedence over any other civil matter pending in the court #Sec. , Rule 66$.
Q: &s re%o(er* of da"a!es a!ainst the usurper of o)%e a$$owed? A/ =es. I the petitioner is ad!udged to be entitled to the ofce, he may sue or damages against the alleged usurper within & year rom entry o !udgment establishing his right to the ofce in %uestion #Sec. 11, Rule 66$. d. 1ud!"ent in Quo Warranto A%tion Q: What is the e2e%t of a 3ud!"ent in Quo Warranto %ase? A: ;hen the respondent is ound guilty o usurping, intruding into, or unlawully holding or exercising a public ofce, position or ranchise, !udgment shall be rendered that such respondent be ousted and altogether excluded thererom, and that the petitioner or relator, as the case may be, recover his costs. 1uch urther !udgment may be rendered determining the respective rights in and to the public ofce, position or ranchise o the parties to the action as !ustice re%uires (Sec. %, Rule 66). e. Ri!hts of a person ad3ud!ed entit$ed to pu#$i% o)%e Q: What are the ri!hts of persons ad3ud!ed to #e entit$ed to the o)%e? A: I !udgment be rendered in avor o the person averred in the complaint to be entitled to the public ofce, he may, ater ta>ing the oath o ofce and executing any ofcial bond re%uired by law/ i. ta>e upon himsel the execution o the ofceii. may immediately thereater demand all the boo>s and papers in the respondent?s custody or control appertaining to the ofce to which the !udgment relates- and iii. may bring a n action a gainst t he respondent to recover damages sustained by such persons by reason o usurpation #Sec. 1$, Rule 66$. Note/ ( %uo warranto proceeding is one o the instances where exhaustion o administrative remedies is not re%uired #Celestial vs. Cac!o#ero, &.R. o. 142'%', ct. 1', 2$$, Riano, Civil Procedure: A Restatement or t!e "ar, #. 671, 2$$% ed.$.
