III.
When can an individual commence an action?
Quo Warranto (Rule 66)
What is a quo warranto?
Quo warranto is a demand made by the state upon some
individual or corporation to show by what right they exercise
some franchise or privilege appertaining to the state which,
according to the Constitution and laws they cannot legally
exercise by virtue of a grant or authority from the State.
Who is the special civil action commenced against?
It is commenced by a verified petition against:
1. A person who usurps a public office, position or
franchise;
2. A public officer who performs an act constituting
forfeiture of a public office; or
3. An association which acts as a corporation within the
Philippines without being legally incorporated or without
being legally incorporated or without lawful authority to
do so.
When can the government commence a verified petition
against individuals?
A quo warranto may be commenced by a verified petition
brought in the name of the Government of the Republic of the
Philippines by the Solicitor General, or in some instances, by a
public prosecutor.
When the action is commenced by the Solicitor General, the
petition may be brought in the Regional Trial Court of te City of
Manila, the Court of Appeals or the Supreme Court.
The petition may be commenced by a private person in his own
name where he claims to be entitled to the public office or
position alleged to have been usurped or unlawfully held or
exercised by another.
A private person may maintain the action without the
intervention of the Solicitor General and without any leave of
court. He must show that he has a clear right to the office
allegedly being held by another. It’s not enough that he merely
asserts the right to be appointed to the office.
How is judgment rendered in a quo warranto action?
When the respondent is found guilty of usurping, intruding into,
or unlawfully holding or exercising a public office, position or
franchise, judgment shall be rendered that such respondent be
ousted and altogether excluded therefrom, and that the
petitioner recover his costs. Such further judgment may be
rendered determining the respective rights in and to the public
office, position or franchise of the parties to the action as justice
requires.
What are the rights of a person adjudged entitled to
public office?
If the petitioner is adjudged to be entitled to the office, he may
sue for damages against the alleged usurper within one (1) year
form the entry of judgment establishing his right to the office in
question.
Republic v. Sereno, G.R. No. 237428, May 11, 2018
 On whether the Court can assume jurisdiction and give due Rule 66 Omnibus Election Code
course to the instant petition for quo warranto against Subject of the petition is in Subject of the petition is in
Respondent who is an impeachable officer and against whom relation to an appointive relation to an elective office;
an impeachment complaint has already been filed with the office;
House of Representatives, the Supreme Court ruled in the The issue is the legality of the Grounds relied upon are: (a)
affirmative. occupancy of the office by ineligibility to the position; or
virtue of a legal appointment; (b) disloyalty to the Republic.
The Court ruled that it has jurisdiction over an action for quo Petition is brought either to May be instituted with the
waranto. Section 5, Article VIII of the Constitution states that the Supreme Court, the Court COMELEC by any voter
the SC has original jurisdiction over petitions for quo warranto. of Appeals or the Regional contesting the election of any
This jurisdiction is concurrent with the Court of Appeals (CA) Trial Court; member of Congress,
and the Regional Trial Court (RTC). Section 7, Rule 66 of Rules regional, provincial or city
of Court provides that the venue for an action for quo warranto officer; or to the MeTC, MTC
is in the RTC of Manila, CA, or SC when commenced by the or MCTC if against any
Solicitor General. barangay official;
Filed within one (1) year from Filed within ten (10) days
While the hierarchy of courts serves as a general determinant the time the cause of ouster, after the proclamation of the
of the appropriate forum for petitions for the extraordinary or the right of the petitioner results of the election;
writs, a direct invocation of the SC’s original jurisdiction in this to hold the office or position
case is justified considering that the qualification of a Member arose;
of the Court is in question, and the issue is of public concern. Petitioner is the person Petitioner may be any voter
entitled to the office; even if he is not entitled to
On the argument that Respondent is an impeachable officer the office;
such that a quo warranto petition cannot prosper, the Court The court has to declare who When the tribunal declares
held that the origin, nature and purpose of impeachment and the person entitled to the the candidate-elect as
quo warranto are materially different. While both impeachment office is if he is the petitioner. ineligible, he will be unseated
and quo warranto may result in the ouster of the public official, but the person occupying the
the two proceedings materially differ. At its most basic, second place will not be
impeachment proceedings are political in nature, while an declared as the one duly
action for quo warranto is judicial or a proceeding traditionally elected because the law shall
lodged in the courts. consider only the person
who, having duly filed his
Distinction of Quo Warranto under Rule 66 and in the certificate of candidacy,
Omnibus Election code received a plurality of votes.
 Expropriation (Rule 67)
What is expropriation?
Expropriation is an exercise of the State’s power of eminent
domain wherein the government takes a private property for
public purpose upon payment of just compensation.
What are the matters that must be alleged in a verified
complaint for expropriation?
1. State with certainty the right of the plaintiff to
expropriation and the purpose thereof;
2. Describe the real or personal property sought to be
expropriated; and
3. Join as defendants all persons owning or claiming to
own, or occupying, any part of the property or interest
therein showing as far as practicable the interest of each
defendant. If the plaintiff cannot with accuracy identify
the real owners, averment to that effect must be made
in the complaint.
What are the two stages in every action for
expropriation?
1. Determination of the authority of the plaintiff to
expropriate – this includes an inquiry into the propriety
of the expropriation, its necessity and the public
purpose. This stage will end in the issuance of an order
of expropriation.
2. Determination of just compensation – this is done
through court-appointed commissioners.
When can a plaintiff immediately enter into possession
of the real property, in relation to R.A. 8974?
Except for the acquisition of right-of-way, site or location for
any national government infrastructure project through
expropriation, the expropriator shall have the right to take or
enter upon the possession of the real property involved if he
deposits with the authorized government depositary an amount
equivalent to the assessed value of the property for purposes
of taxation to be held by such bank subject to the orders of the
court. Such deposit shall be in money, unless in lieu thereof the
court authorizes the deposit of a certificate of deposit of a
government bank of the Philippines payable on demand to the
authorized government depositary.
Immediate payment of initial just compensation
For the acquisition of right-of-way, site or location for any
national government infrastructure project through
expropriation, upon the filing of the complaint, and after due
notice to the defendant, the implementing agency shall
immediately pay the owner of the property the amount
equivalent to the sum of:
a. 100% of the value of the property based on the current
relevant zonal valuation of the BIR; and
b. The value of the improvements and/or structures as
determined under Sec. 7 of RA 8974 (Sec. 4, RA 8974).
What is the order of expropriation?
a. If the objections to and the defenses against the right
of the plaintiff to expropriate the property are overruled,
or when no party appears to defend as required by this
Rule, the court may issue an order of expropriation
declaring that the plaintiff has a lawful right to take the
property sought to be expropriated, for the public use
or purpose described in the complaint, upon the
payment of just compensation to be determined as of
 the date of the taking of the property or the filing of the
complaint, whichever came first.
b. A final order sustaining the right to expropriate the
property may be appealed by any party aggrieved
thereby. Such appeal, however, shall not prevent the
court from determining the just compensation to be
paid.
c. After the rendition of such an order, the plaintiff shall
not be permitted to dismiss or discontinue the
proceeding except on such terms as the court deems
just and equitable.
How is just compensation ascertained?
The order of expropriation merely declares that the plaintiff has
the lawful right to expropriate the property but contains no
ascertainment of the compensation to be paid to the owner of
the property.
Upon the rendition of the order of expropriation, the court shall
appoint not more than three (3) commissioners to ascertain the
just compensation for the property. Objection to the
appointment may be made within ten (10) days from service of
the order of appointment. The commissioners are entitled to
fees and their fees shall be taxed as part of the costs of the
proceedings, and all costs shall be paid by the plaintiff except
those costs of rival claimants litigating their claims.
Where the principal issue is the determination of just
compensation, a hearing before the commissioners is
indispensable to allow the parties to present evidence on the
issue of just compensation. Although the findings of the
commissioners may be disregarded and the trial court may
substitute its own estimate of the value , the latter may do so
only for valid reasons, that is where the commissioners have
applied illegal principles to the evidence submitted to them,
where they have disregarded a clear preponderance of
evidence, or where the amount allowed is either grossly
inadequate or excessive.
Appointment of commissioners
a) Upon the rendition of the order of expropriation, the
court shall appoint not more than three (3) competent
and disinterested persons as commissioners to ascertain
and report to the court the just compensation for the
property sought to be taken.
b) The order of appointment shall designate the time and
place of the first session of the hearing to be held by the
commissioners and specify the time within which their
report shall be submitted to the court. Copies of the
order shall be served on the parties.
c) Objections to the appointment of any of the
commissioners shall be filed with the court within ten
(10) days from service, and shall be resolved within
thirty (30) days after the commissioners shall have
received copies of the objections.
Commissioner’s report
a) The court may order the commissioners to report when
any particular portion of the real estate shall have been
passed upon by them, and my render judgment upon
such partial report, and direct the commissioners to
proceed with their work as to subsequent portions of the
property sought to be expropriated, and may form time
to time deal with such property.
b) The commissioners shall make a full and accurate report
to the court of all their proceedings, and such
proceedings shall not be effectual until the court shall
 have accepted their report and rendered judgment in use or purpose defined in the judgment or to retain possession
accordance with their recommendations. already previously made.
c) Except as otherwise expressly ordered by the court,
such report shall be filed within sixty (60) days from the Title to the property expropriated passes from the owner to the
date the commissioners were notified of their expropriator upon full payment of just compensation.
appointment, which time may be extended in the
discretion of the court.
d) Upon filing of such report, the clerk of the court shall
serve copies thereof on all interested parties, with notice
that they are allowed ten (10) days within which to file
objections to the findings of the report, if they so desire.

Court action upon commissioner’s report

a) Upon the expiration of the period of ten (10) days

referred to in the preceding section, or even before the
expiration of such period but after all the interested
parties have filed their objections to the report or their
statement of agreement therewith, the court may, after
hearing, accept the report and render judgment in
accordance therewith; or
b) for cause shown, it may recommit the same to the
commissioners for further report of facts; or
c) it may accept the report in part and reject it in part; and
it may make such order or render such judgment as shall
secure to the plaintiff the property essential to the
exercise of his right of expropriation, and to the
defendant just compensation for the property so taken.

What are the rights of the plaintiff upon judgment and

payment?

After payment of the just compensation as determined in the

judgment, the plaintiff shall have the right to enter upon the
property expropriated ad to appropriate the same for the public