RULE 66 Quo Warranto (Kenneth David)
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What is Quo Warranto? The special civil action of quo warranto is a "preroative !rit # !hich the $overn%ent can call upon an# person to sho! # !hat !arrant he holds a pulic office or e&ercises a pulic franchise' uo !arranto !arranto proceedin proceedin is the the proper proper leal re%ed# re%ed# to deter%ine deter%ine the riht or title to the contested pulic office and to oust the holder fro% its en*o#%ent' + ,ec' Defensor ,antiao -' ,en' $uinona. /r'. 012 3hil' 456. 04 (7228) 9t is rouht aainst the person !ho is alleed to have usurped. intruded into. or unla!full# held or e&ercised the pulic office + 3ilar -' ,ec' of the D3WT:. etl'. 741 3hil' 566 (7265) When the inuir# is focused on the leal e&istence of a od# politic. the action is reserved to the ,tate in a proceedin for quo warranto or an# other credit proceedin'
Who %a# co%%ence the action of QW; 9t %ust e rouht "in the na%e of the Repulic of the 3hilippines" and co%%enced # the ,olicitor $eneral or the fiscal "!hen directed # the 3resident of the 3hilippines ' ' ' '" ,uch officers %a#. under certain circu%stances. rin such an action "at the reuest and upon the relation of another person" !ith the per%ission of the court' The Rules of :ourt also allo!s an individual to co%%ence an action for quo warranto in his o!n na%e ut this initiative can e done !hen he clai%s to e "entitled to a pulic office or position usurped or unla!full# held or e&ercised # another'"
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$R; $overn%ent as part# 3laintiff < E&e%ption to $R $eneral Rule; Quo Warranto proceedin shall e co%%enced # the $overn%ent as a part# plaintiff E&; n individual %a# co%%ence a proceedin if he=she clai%s to e entitled to the pulic office alleedl# usurped # another in !hich case he can rin the action in his or her o!n na%e' (,ec 1)
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># analo#. a 3ulic Utilit# %a# rin a QW action aainst another pulic utilit# !hich has usurped the rihts of the for%er ranted under a franchise' + :ui -s' :ui. 6 3hil' 15
pulic utilit# %a# rin a uo !arranto action aainst another pulic utilit# !hich has usurped the rihts of the for%er ranted under a franchise' •
Role of ,olicitor $eneral and 3ulic 3rosecutor; s the la! office of the $overn%ent. the ,ol$en !hen directed # the 3resident of the R3 %ust co%%ence an action as directed or< That the 3ulic 3rosecutor !hen a co%plaint has een filed or he has ood reason to elieve in a case %entioned in ,ec 7 and 4 can e estalished # proof' With leave of court and a ond a relator %a# reuest to e represented # the ,ol$en or 3ulic 3rosecutor' E; When an individual institutes a QW proceedin in his o!n ehalf. under ,ec 1. he does not have to secure the intervention of the ,ol$en or the @iscal. nor does he have to otain prior leave of court' Ao!ever. such petitioner in the QW proceedin %ust aver and e ale to sho! that he is entitled to the office in disputed' Without such aver%ent and evidence. it %a# e dis%issed'
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Relator; The individual in !hose na%e a leal action is rouht # a state< the individual !ho relates the facts on !hich an action is ased' The relator is the individual upon !hose co%plaint certain !rits are issued' The relator is the part# of interest in a proceedin. !ho is allo!ed to institute such proceedin in the na%e of the people. or in the na%e of the ,olicitor eneral !hen such official has the sole riht to sue' Under ,ec' 1 an individual !ho can prove that he is entitled to the position averred %a# co%%ence a proceedin on his o!n ehalf !ithout leave of court and the intervention of the ,ol$en and 3ulic 3rosecutor'
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:orporations no! under the :orporation :ode
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Quo Warranto -' Election :ontest = ppointive Bfficials
Quo Warranto
Election :ontest
The occupant is disualified fro% holdin the office # reason of ineliiilit# or dislo#alt# 9f the Quo Warranto proceedins succeeds. the respondent !ill e ousted ut the petitioner !ill not assu%e the office
9t challenes the riht of a person to hold office on the round of irreularities in the conduct of the elections for said office The successful protestant !ill assu%e the office if he had otained a pluralit# of the valid votes
Quo Warranto for; Elective Bffice The issue is the eliiilit# of the respondent The occupant !ho !as declared ineliile or dislo#al !ill e unseated ut the petitioner !ill not e declared the rihtful occupant of the rihtful office
ppointive Bffice The issue is the validit# of the appoint%ent The court !ill oust the person illeall# appointed and !ill order the seatin of the person !ho !as leall# appointed and entitled to the office
,E: 4' The ,ol$en or a 3ulic 3rosecutor. !hen directed # the 3resident. or !hen upon co%plaint or other!ise he has ood reason to elieve that an# case specified in the proceedin secion can e estalished # proof. %ust co%%ence such action' ,E: 0' The ,ol$en or 3ulic 3roscutor %a#. !ith the per%ission of the court in !hich the action is to e co%%enced. rin such an action at the reuest and upon the relation of another person< ut in such case the officer rinin it %a# first reuire an inde%nit# for the e&penses and costs of the action in an a%ount approved # and to e deposited in the court # the person at !hose reuest and upon !hose relation the sa%e is rouht' ,E:' C' When hearin had on application for per%ission to co%%ence action'Upon application for per%ission to co%%ence such action in accordance !ith the ne&t precedin section. the court shall direct that notice e iven to the respondent so that he %a# e heard in opposition thereto< and if per%ission is ranted. the court shall issue an order to that effect. copies of !hich shall e served on all interested parties. and the petition shall then e filed !ithin the period ordered # the court' (1a)
,E:' 1' When an individual %a# co%%ence such an action' person clai%in to e entitled to a pulic office or position usurped or unla!full# held or e&ercised # another %a# rin an action therefor in his o!n na%e' (6)
,E:' 6' 3arties and contents of petition aainst usurpation'When the action is aainst a person for usurpin a pulic office. position or franchise. the petition shall set forth the na%e of the person !ho clai%s to e entitled thereto. if an#. !ith an aver%ent of his riht to the sa%e and that the respondent is unla!full# in possession thereof' ll persons !ho clai% to e entitled to the pulic office. position or franchise %a# e %ade parties. and their respective rihts to such pulic office. position or franchise deter%ined. in the sa%e action' (5a) ,E:' 5' -enue'n action under the precedin si& sections can e rouht onl# in the ,upre%e :ourt. the :ourt of ppeals. or in the Reional Trial :ourt e&ercisin *urisdiction over the territorial area !here the respondent or an# of the respondents resides. ut !hen the ,olicitor $eneral co%%ences the action. it %a# e rouht in a Reional Trial :ourt in the :it# of anila. in the :ourt of ppeals. or in the ,upre%e :ourt' (8a)
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-enue; ,:. :. and RT:' o @or ,BL$EF; RT: anila. :. ,:
,E:' 8' 3eriod for pleadins and proceedins %a# e reduced< action iven precedence 'The court %a# reduce the period provided # these Rules for filin pleadins and for all other proceedins in the action in order to secure the %ost e&peditious deter%ination of the %atters involved therein consistent !ith the rihts of the parties' ,uch action %a# e iven precedence over an# other civil %atter pendin in the court' (2a) ,E:' 2' /ud%ent !here usurpation found'When the respondent is found uilt# of usurpin. intrudin into. or unla!full# holdin or e&ercisin a pulic office. position or franchise. *ud%ent shall e rendered that such respondent e ousted and altoether
e&cluded therefro%. and that the petitioner or relator. as the case %a# e. recover his costs' ,uch further *ud%ent %a# e rendered deter%inin the respective rihts in and to the pulic office. position or franchise of all the parties to the action as *ustice reuires' (7a) ,E:' 7' Rihts of persons ad*uded entitled to pulic office< deliver# of ooGs and papers< da%aes'9f *ud%ent e rendered in favor of the person averred in the co%plaint to e entitled to the pulic office he %a#. after taGin the oath of office and e&ecutin an# official ond reuired # la!. taGe upon hi%self the e&ecution of the office. and %a# i%%ediatel# thereafter de%and of the respondent all the ooGs and papers in the respondentHs custod# or control appertainin to the office to !hich the *ud%ent relates' 9f the respondent refuses or nelects to deliver an# ooG or paper pursuant to such de%and. he %a# e punished for conte%pt as havin disoe#ed a la!ful order of the court' The person ad*uded entitled to the office %a# also rin action aainst the respondent to recover the da%aes sustained # such person # reason of the usurpation' (71a) ,E:' 77' Li%itations'Fothin contained in this Rule shall e construed to authoriIe an action aainst a pulic officer or e%plo#ee for his ouster fro% office unless the sa%e e co%%enced !ithin one (7) #ear after the cause of such ouster. or the riht of the petitioner to hold such office or position. arose< nor to authoriIe an action for da%aes in accordance !ith the provisions of the ne&t precedin section unless the sa%e e co%%enced !ithin one (7) #ear after the entr# of the *ud%ent estalishin the petitionerHs riht to the office in uestion' (76a) ,E:' 74' /ud%ent for costs'9n an action rouht in accordance !ith the provisions of this Rule. the court %a# render *ud%ent for costs aainst either the petitioner. the relator. or the respondent. or the person or persons clai%in to e a corporation. or %a# apportion the costs. as *ustice reuires' (75a)
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3rescriptive 3eriods;
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eto -' Rodas. 84 3hil' 12; Rule of :ourt 68. section 76. !hich provides that "Fothin contained in this rule shall e construed to authoriIe an action ' ' ' aainst an officer for his ouster fro% office unless the sa%e e co%%enced !ithin one #ear after the cause of such ouster. or the riht of the plaintiff to hold office arose< ' ' ''" endiola -' Tancino. et' l'. 72 3hil' 075; the action for quo warranto %ust e co%%enced !ithin one #ear fro% the ti%e the cause of such ouster. or the riht of the plaintiff to hold office arose' Bn the other hand. rticle 7711 of the Fe! :ivil :ode provides that "the prescription of actions is interrupted !hen the# are filed efore the court'" $alano. et al' - Ro&as. $R; L074C7 ,ept' 74. 7251; this one #ear period is not interrupted # the prosecution of an# ad%inistrative re%ed#' ccordinl#. after said period has lapsed. the re%ed# of the arieved part#. if an#. lies e&clusivel# !ith ad%inistrative authorities' While it %a# e desirale that ad%inistrative re%edies e first resorted to. no one is co%pelled or ound to do so< and as said re%edies neither are prereuisite to nor ar the institution of quo warranto proceedins. it follo!s that he !ho clai%s the riht to hold a pulic office alleedl# usurped # another and !ho desires to seeG redress in the courts. should file the proper *udicial action !ithin the rele%entar# period' The pulic interest reuires that the riht of pulic office should e deter%ined as speedil# as practicale'
Quo Warranto in B%nius Election :ode -' RB: Q'W' B%nius Election :ode Which deals !ith specific elective officials This is an electoral proceedin for the e&clusive purpose of i%punin the election of a pulic officer on the round of ineliiilit# for or disualification to hold the office The petition %ust e filed !ithin 7 da#s fro% procla%ation of the candidate The petition %a# e filed # an# reistered candidate. even if petition prospers he !ould not e entitled to that office
/UR9,3RUDEF:E Campos Vs. Degamo, 6 ,:R 401 (7264) ,ection 5. Rule 68. provides (Fo! ,ec 2. Rule 66);
Q'W' Rules of :ourt Refers to QW in eneral This is a preroative !rit # !hich the $overn%ent can call upon an# person to sho! # !hat title he holds a pulic office or e&ercises a pulic franchise The RB: presupposes that the respondent is alread# actuall# holdin the office The petitioner under the RB: %ust e the person entitled to the office and !ho !ould assu%e the sa%e if his action succeeds
What co%plaint for usurpation to set forth. and !ho %a# e %ade parties' J When the action is aainst a person for usurpin an office or franchise. the co%plaint shall set forth the na%e of the person !ho clai%s to e entitled thereto. if an#. !ith an aver%ent of his riht to the sa%e and that the defendant is unla!full# in possession thereof' ll persons !ho clai% to e entitled to the office or franchise %a# e %ade parties. and their respective rihts to such office or franchise deter%ined. in the sa%e action' ali%it and cain !ho clai%ed to e entitled to the offices of %a#or and vice%a#or. respectivel#. are not parties herein' The co%plaint %ust liGe!ise allee that plaintiffs !ere dul# elected to such positions' Where the office in uestion is an elective one. the co%plaint %ust sho! that the plaintiff !as dul# elected thereto' 3etitionersappellants :a%pos and Broc. havin een candidates and elected for the office of councilors and not for the office of %a#or and vice%a#or. the# are not the proper parties to institute the present action'
Sison Vs. Pangramuyen. 8C ,:R 06C (7258) fter all as We see it. petitioner rests his case %ostl# on the BraniIation :hart and the position description or :,: @or% Fo' 744D of respondent ali!ana. prepared # petitioner hi%self. !hich do not carr# the approval of the a#or. as Depart%ent Aead. contrar# to reuire%ent of e%orandu% :ircular Fo' 1. ,' 7260 of the :o%%ission of :ivil ,ervice touchin on the asis for deter%inin the hierarchical relationships of positions. and. therefore. are not necessaril# controllin' Bn the other hand. the petition herein !as filed onl# on arch 70. 7251. clearl# %ore than one #ear after the pretended riht of petitioner to hold the office in uestion arose' This sinle circu%stance has closed the door for an# *udicial re%ed# in his favor' 3etitioner contends in reard to this point that ,ection 76 of Rule 66 invoGed # private respondent refers to actions of quo warranto and since his petition is also for certiorari and mandamus. said rule is inapplicale' ,uch contention is not correct' s earlier noted in this decision. the alleations supportin petitioners cause or causes of action oil do!n to no %ore than the re%oval of respondent ali!ana fro% the position to !hich she has een appointed in order to e replaced # hi%. !ith a ne! appoint%ent in his favor' Fecessaril#. the ouster of ali!ana # quo warranto has to e ased on a nullification o her appoint%ent. !hich petitioner seeGs. aleit unnecessaril#. # certiorari' Ais ulti%ate re%ed#. therefore. is uo !arranto' >esides. even if it could e also vie!ed as %anda%us. it is alread# settled that his latter re%ed# prescries also after one #ear' nd it is of no avail to petitioner that durin the intervenin period of %ore than one #ear. he !as seeGin relief fro% the correspondin ad%inistrative authorities' The resort to such ad%inistrative re%ed# does not aate the period for the *udicial action' Municipality of San Narcisco Vs. Mendez, 402 ,:R 77 (722C) While the quo warranto proceedins filed elo! # petitioner %unicipalit# has so na%ed onl# the officials of the unicipalit# of ,an ndres as respondents. it is virtuall#.
ho!ever. a denunciation of the authorit# of the unicipalit# or unicipal District of ,an ndres to e&ist and to act in that capacit#'
3etitioners theor# %iht perhaps e a point to consider had the case een seasonal# rouht' E&ecutive Brder Fo' 010 creatin the %unicipal district of ,an ndres !as issued on 4 uust 7212 ut it !as onl# after almost thirty (30) years. or on 1 /une 7282. that the %unicipalit# of ,an Farciso finall# decided to challene the lealit# of the e&ecutive order' 9n the %eanti%e. the unicipal District. and later the unicipalit#. of ,an ndres. ean and continued to e&ercise the po!ers and authorit# of a dul# created local overn%ent unit' 9n the sa%e %anner that the failure of a pulic officer to uestion his ouster or the riht of another to hold a position !ithin a one#ear period can aroate an action elatedl# filed. so also. if not indeed !ith reatest i%perativeness. %ust a quo warranto proceedin assailin the la!ful authorit# of a political sudivision e ti%el# raised' 3ulic interest de%ands it' :reated in 7212 # virtue of E&ecutive Brder Fo' 010. the unicipalit# of ,an ndres had een in e&istence for %ore than si& #ears !hen. on 4C Dece%er 7261. Pelaez v. Auditor General !as pro%ulated' The rulin could have sounded the call for a si%ilar declaration of the unconstitutionalit# of E&ecutive Brder Fo' 010 ut it !as not to e the case' Bn the contrar#. certain overn%ental acts all pointed to the ,tates reconition of the continued e&istence of the unicipalit# of ,an ndres' Thus. after %ore than five #ears as a %unicipal district. E&ecutive Brder Fo' 75C classified the unicipalit# of ,an ndres as a fifth class %unicipalit# after havin surpassed the inco%e reuire%ent laid out in Repulic ct Fo' 7171' ,ection 07 of >atas 3a%ansa >l' 742. other!ise Gno!n as the /udiciar# ReoraniIation ct of 728. constituted as %unicipal circuits. in the estalish%ent of unicipal :ircuit Trial :ourts in the countr#. certain %unicipalities that co%prised the %unicipal circuits oraniIed under d%inistrative Brder Fo' 00. dated 70 /une 7258. issued # this :ourt pursuant to 3residential Decree Fo' 105' Under this ad%inistrative order. the unicipalit# of ,an ndres had een covered # the 7th unicipal :ircuit :ourt of ,an @rancisco,an ndres for the province of QueIon' t the present ti%e. all douts on the de jure standin of the %unicipalit# %ust e dispelled' Under the Brdinance (adopted on 71 Bctoer 7286) apportionin the seats of the Aouse of Representatives. appended to the 7285 :onstitution. the unicipalit# of ,an ndres has een considered to e one of the t!elve (74) %unicipalities co%posin the Third District of the province of QueIon' Euall# sinificant is ,ection CC4(d) of the Local $overn%ent :ode to the effect that %unicipal districts "oraniIed pursuant to presidential issuances or e&ecutive orders and !hich have their respective sets of elective %unicipal officials holdin office at the ti%e of the effectivit# of (the) :ode shall henceforth e considered as reular %unicipalities'" Fo pretension of unconstitutionalit# per se of ,ection CC4(d) of the Local $overn%ent :ode is proferred' 9t is doutful !hether such a prete&t. even if %ade. !ould succeed' The po!er to create political sudivisions is a function of the leislature' :onress did *ust that !hen it has incorporated ,ection CC4(d) in the :ode' urative la!s. !hich in essence are retrospective. and ai%ed at ivin "validit# to acts done that !ould have een invalid under e&istin la!s. as if e&istin la!s have een co%plied !ith." are validl# accepted in this *urisdiction. su*ect to the usual ualification aainst i%pair%ent of vested rihts' 22
