SCA Rule 66 Flashcards
What is quo warranto?
is a special civil action brought by means of a verified petition in the name of the Republic of the Philippines against (a) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position, or franchise; or (b) a public officer who does an act which constitutes a ground for the forfeiture of his office; or (c) an association which acts as a corporation within the Philippines without being legally incorporated or without authority so to act.
Who has jurisdiction over quo warranto cases?
The House of Representatives Electoral Tribunal HRET has jurisdiction over quo warranto petitions, specifically over cases challenging ineligibility on the ground of lack of citizenship.
When must Solicitor General or Public Prosecutor Commence Action?
The Solicitor General or a public prosecutor, when directed by the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that
any case specified in the preceding section can be established by proof, must commence such action.
When Solicitor General or Public Prosecutor may Commence with Permission
of Court.
The Solicitor General or a public prosecutor may, with the permission of the court in which the action is to be commenced, bring such an action at the request
and upon the relation of another person; but in which case the officer bringing it may first require an indemnity for the expenses and costs of the action in an amount
approved by and to be deposited in the court by the person at whose request and upon whose relation the same is brought.
When an Individual may Commence such an Action.
A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefore in his own name.
Where and which court can a petition for usurpation be filed?
It can be brought in the following courts:
1. Supreme Court;
2. The Court of Appeals; or
3. In the RTC exercising jurisdiction over the territorial area where the respondent or any of the
respondents resides.
In case the petition is commenced by the Solicitor General, where is the venue?
- Regional Trial Court in the City of Manila;
- In the Court of Appeals; or
- In the Supreme Court
PERIOD OF FILING PLEADINGS AND PROCEEDINGS
The court may reduce the period provided by these Rules for filing pleadings and for all other proceedings in the action in order to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties. Such action may be given precedence over any other civil matter pending in the court.
PERIOD TO FILE THE ACTION
Sec. 11. Limitations. - Nothing contained in this Rule shall be construed to authorize an action against a public officer or employee for his ouster from office unless the same be commenced within one (1) year after the cause of such ouster, or the right of the petitioner to hold such office or position, arose; nor to authorize an action for damages in accordance with the provisions of the next preceding section unless the same be commenced within one (1) year after the entry of the judgment establishing the petitioner’s right to the office in question.
Distinguish between a quo warrant and election protest
- The ground for quo warrants is the disqualification or ineligibility of the proclaimed candidate while in election protest the proper gr - ound is regularities in the conduct an election 2)
