file:cvpro_part_3_ie.htm

Benchbook

Civil Procedure

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5.  Quo Warranto

1. Definition

A quo warranto is a prerogative writ by which the Government can call
upon any person to show by what warrant he holds a public office or exercises a
public franchise.441

2. Quo Warranto as distinguished From
Election Contest

If the dispute is as to the counting of votes or on matters connected with
the conduct of the election, quo warranto is not the proper remedy but
an election protest.442
When the dispute is on the ineligibility of a person sought to be ousted, quo
warranto
is the proper action.443

3. Peculiarities of Proceedings

3.1 When the Solicitor General or a public
prosecutor commences the action at the instance of another person, leave of
court must first be secured.

3.2 The motion for leave must be set for hearing
with notice to the respondent so that he may be heard; and

3.3 The court issues the order allowing the
filing of the action within the period fixed therein.


441 3 Moran 208
[1970].

442 Caesar v.
Garrido, 53 Phil. 97 [1929].

443 Fortuno v.
Palma, No. L-70203, December 18, 1987, 156 SCRA 691.