Republic vs.

Sereno - June 19, 2018

866 SCRA 494, G.R. No. 237428, EN BANC

Quo warranto

Sereno argues that quo warranto petitions may be filed against the President and Vice President
under the Presidential Electoral Tribunal (PET) Rules “only because the Constitution specifically
permits” them under Section 4, Article VII. She also contends that all impeachable officials
cannot be sued through quo warranto because they belong to a “privileged class” of officers who
can be removed only through impeachment.

Is her contention correct?

No. Section 5 of Article VIII does not limit the Court’s quo warranto jurisdiction only to certain
public officials or that excludes impeachable officials therefrom.

A quo warranto proceeding is the proper legal remedy to determine a person’s right or title to a
public office and to oust the holder from its enjoyment. It is the proper action to inquire into a
public officer’s eligibility or the validity of his appointment. Under Rule 66 of the Rules of
Court, a quo warranto proceeding involves a judicial determination of the right to the use or
exercise of the office.