QUO WARRANTO

It is a proceeding or writ issued by

the court to determine the right to use
an office, position or franchise and to
oust the person holding or exercising
such office, position or franchise if his
right is unfounded or if a person
performed acts considered as grounds
for forfeiture of said exercise of position,
office or franchise. It literally means “by
what authority.
WHEN GOVERNMENT MAY
COMMENCE AN ACTION AGAINST
INDIVIDUALS

An action for the usurpation of a public office,

position or franchise may be commenced by a
verified petition brought in the name of the
Republic of the Philippines against:
1. A person;
2. A public officer ; and
3. An association
JURISDICTION AND VENUE
1. It can be brought only in the SC, CA, or in
RTC exercising jurisdiction over the territorial
area where the respondent or any of the
respondents resides;

2. When the Solicitor General commences the

action, it may be brought in a RTC in the
City of Manila, in the CA, or in the SC.
• GR:
An action for quo warranto must be
commenced within 1 year after the cause of
such ouster, or the right of the petitioner to
hold such office or position, arose.
• XPN:
If the failure to file the action can be attributed to
the acts of a responsible government officer and not of
the dismissed employee.
1. Take upon himself the execution of the
office;
2. 2. May immediately thereafter demand all
the books and papers in the respondent’s
custody or control appertaining to the office
to which the judgment relates; and
3. 3. May bring an action against the
respondent to recover damages sustained by
such persons by reason of usurpation