IN THE KNOW: What’s a quo warranto petition?
A quo warranto (Latin for “by what warrant or authority?”) is a legal procedure used to challenge an individual’s right to or authority over the position he or she holds.
Under Rule 66 of the Rules of Court, a quo warranto petition may be filed by the government or an individual against “a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise.”
The government may also bring a quo warranto petition to court against “a public officer who does or suffers an act that, by the provision of law, constitutes a ground for the forfeiture of his office.”
A solicitor general or public prosecutor may file a quo warranto petition upon the order of the President.
An individual also has the right to question someone’s position as long as the petitioner is the one claiming authority over that position.
A quo warranto case may only be brought within one year from the time the cause of action or ouster arose.
In the concurring opinion by Associate Justice Roberto Abad on Liban, et al. v. Richard Gordon in 2011, the high court held that the petitioners had no standing to file the quo warranto petition as they did not claim entitlement to Gordon’s seat in the Senate. —Compiled by Kathleen de Villa
Sources: lawphil.net, sc.judiciary.gov.ph, law.cornell.edu
