QUO WARRANTO (RULE 66 RULES OF COURT)

WHAT IS A QUO WARRANTO?

It is a demand made by the state upon some individual or
corporation to show by what right they exercise some franchise or
privilege appertaining to the state which, according to the Constitution and
laws of the land they cannot legally exercise by virtue of a grant and
authority of the State. (44 Am. Jur. 88-89)
WHO MAY FILE?
By the Solicitor General or a public prosecutor, when directed
by
the President of the Philippines, or when upon a complaint or otherwise
he has good reason to believe that any case falling under Section 1 of
Rule 66 can be established (Sec.2)
AGAINST WHOM?
(a) A person who usurps, intrudes into, or unlawfully holds or exercises
a public office, position or franchise;
(b) A public officer who does or suffers an act which, by the provision of
law, constitutes a ground for the forfeiture of his office;
(c) An association which acts as a corporation within the Philippines
without being legally incorporated or without lawful authority so to
act. (Sec. 1, Rule 66)
WHEN TO FILE?
A person ousted from office:
Within 1 year after the ouster from office
Failure to institute within the reglementary period:
sufficient basis for dismissal

Exception: only if the failure to file can be attributed to the

acts of responsible government officer and not the dismissed
employee
Solicitor General or a public prosecutor:
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
The officer bringing it may first require an indemnity for
the expenses and costs of the action in amount approved by
to be deposited in the court by the person at whose request
and upon whose relation the same is brought
WHEN MAY AN INDIVIDUAL FILE A QUO WARRANTO
PROCEEDING?
A person claiming to be entitled to a public office or position
usurped or unlawfully held or exercised by another may bring an
action for quo warranto in his own name. He must show a clear
legal right to the office unlawfully held by another
WHO MAY BE MADE PARTIES TO A PETITION FOR QUO
WARRANTO?
All persons who claim to be entitled to the office, position or
franchise may be made parties.
VENUE
Can be brought only in the Supreme Court, the Court of
Appeals or in the Regional Trial Court exercising jurisdiction
over the territorial area where the respondent, or any of the
respondent resides. But when the Solicitor General commences
the action, it may be brought in RTC Manila, in CA or in the SC
WHAT MATTERS SHALL BE SET FORTH IN THE PROCEEDING?
Where there is a usurpation in office or franchise, it shall set forth:

1. The name of the person who claims to be entitled to the

office;
2. The right to the said position;
3. The fact that the descendant is unlawfully in possession
thereof.

After judgment and payment of the compensation, the plaintiff shall

have the right to enter upon the property expropriated and to
appropriate it for public use or purpose defined in the
judgment, or retain it should he have taken immediate possession
of the same.
WHAT SHALL BE ALLEGED IN A COMPLAINT FOR
EXPROPRIATION?
1. The right and purpose of expropriation;
2. The description of the real property sought to be
appropriated;

EXPROPRIATION (RULE 67, RULES OF COURT)

POWER OF EMINENT DOMAIN
It is the right of the state, a sovereign, to take or expropriate
property for public use upon payment of just compensation. It is
based on necessity; it is inseperable from state unless it is denied by
the fundamental law
TWO STAGES IN EXPROPRIATION
1. Determination by the court of the authority to exercise it and
of the propriety of the grant;
2. Determination of the compensation by the three (3)
commissioners designated by the court. The designation is
compulsory
RIGHT OF THE AGGREIVED PARTY
He may appeal therefrom, but such appeal shall not prevent the
court from determining the just compensation to be paid.
RIGHT OF PLAINTIFF

3. The names of the persons owning or claiming to own, or

occupying or having interest over the property.
WHAT SHALL BE ALLEGED IN A COMPLAINT FOR
EXPROPRIATION?
If the title over the property appears to be under the name of
the Republic of the Philippines but occupied by private
individuals, or if the title is otherwise obscure or doubtful so
that the plaintiff cannot with accuracy or certainty specify who are
the real owner, the same shall be averred.

SUMMARY JUDGMENT (RULE 35, RULES OF COURT)

CONCEPT
Procedural technique to promptly dispose of cases where the
facts appear undisputed and certain from the pleadings, depositions,
admissions and affidavit on record, or for weeding out sham claims or
defenses at an early stage of the litigation to avoid the expense
and loss of time involved in a trial.
REQUISITES

1. There must be no genuine issue as to any material facts, except

for the amount of damages;
2. The party presenting the motion for summary judgment must be
entitled to a judgment as a matter of law.
GENUINE ISSUE
An issue of facts which call for the presentation of evidence as
distinguished from an issue which is fictitious, contrived and set up in
bad faith and patently unsubstantial so as not to constitute a genuine
issue for trial.
WHEN MAY A CLAIMANT FILE MOTION
A party seeking to recover upon a claim, counterclaim, or crossclaim or to obtain a declaratory relief may, at anytime after the
pleading in answer thereto has been served, move with
supporting affidavits for a summary judgment in his favor upon or all
part thereof.

her consent and with lewd designs, shall be punished by the penalty
of prison correccional in its minimum and medium periods.
ELEMENTS
1. That the offended party must be a virgin;
2. That she must be over 12 years old and under 18 years of age;
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender;
4. That the taking away of the offended party must be with lewd
designs.
MEANING OF VIRGINITY
Not to be understood in so material sense as to exclude
the idea of abduction of a virtuous woman of good
reputation.
Even if the accused had sexual intercourse with the girl
before they eloped

WHEN MAY A DEFENDANT FILE MOTION

A party against whom a claim, counterclaim, or cross-claim is
asserted or a declaratory relief is sought, may at anytime, move with
supporting affidavits for a summary judgment in his favor as to all or
any party thereof.

But when the offended party had carnal knowledge with

other men, the chaste character of the girl is open to
question

PURPOSE OF THE LAW

CONSENTED ABDUCTION (ARTICLE 343,REVISED

PENAL CODE)

Article 343. Consented Abduction.The abduction of a virgin over

twelve years old and under eighteen years of age, carried out with

Not to punish the wrong done to the girl, because she consents
thereto, but to prescribe punishment for the disgrace to her
family and the alarm caused therein by the disappearance of
the one, who is, by her age and sex, susceptible to cajolery and
deceit.

2. (State

fully

and

clearly

the

facts

and

circumstances

showing that the defendant is in unlawful possession of a

public office, position or franchise);
3. (State that the petitioner has demanded of respondent to
vacate the office in question and to deliver the same to
the plaintiff, but the defendant unlawfully refused to
deliver the same.)
WHEREFORE, it is respectfully prayed:
1. That

Writ

altogether

of

Quo

excluding

Warranto
the

be

issued

defendant

ousting
from

and

office

of_________;
2. That the plaintiff be declared entitled to said office
and that he be placed in possession thereof;
3. That the plaintiff recover his costs.
Other reliefs just and equitable are likewise prayed for.

(Venue, date, signature)

(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)
Form No. 140. Petition for Quo Warranto

Form No. 141. Complaint for Expropriation

(Caption and title)

(Caption and Title)

PETITION FOR QUO WARRANTO

COMPLAINT FOR EXPROPRIATION

PETITIONER, thru counsel respectfully avers that:

1. (State the capacity and residence of both the plaintiff
and the defendant);

PLAINTIFF, thru counsel respectfully avers that:

1. Plaintiff is a ________________________________;
2. Several defendants are all of age and are all residents
of ___________________;

3. Plaintiff,

by

virtue

of

_________

to

commissioners to ascertain and report to the court the

exercise the right of eminent domain and to take private

just compensation for the property condemned;

3. That, pending these proceedings, the plaintiff be placed

property for public use;

4. The
following
described
improvements

thereon,

are

has

property,
private

the

with

property,

power

all

the

in possession of the property upon the deposit with the

severally

National Treasurer of such sum as many provisionally be

owned by the defendants, to wit:

(Here

describe

the

property

ascertained

sought

to

be

condemned,

real owners cannot be stated with certainty, averment to this

effect must be made.)
5. The said property are sought to be condemned in order to
convert

them

into

______,

which

is

avowedly

fixed

by

this

Court,

subject

to

the

orders and final disposition of the same.

showing, as far as practicable, the interestsof each defendant

separately. If the title is obscure or doubtful so that the

and

Other reliefs just and equitable are likewise prayed

for.
(Venue, date, signature)
(VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)

public

purpose;
6. Plaintiff tenders and offers to deposit the amount of
________ which is equivalent to the assessed value of the
property,

so

that

pending

these

proceedings,

the

plaintiff may immediately be placed in possession of the

property involved.

Form No. 226 Motion by Plaintiff for Summary Judgment

WHEREFORE, it is respectfully prayed:

1. That, after due notice and hearing,

an

order

of

condemnation be entered, declaring that the plaintiff has

a

lawful

right

to

take

the

several

properties

herein

(Caption and Title)

PLAINTIFF, through counsel and unto this Honorable Court,
respectfully avers:

sought to be condemned for public use, upon payment of

just compensation to be determined as of the date of the
filling of this Complaint;
2. That upon entry of the order of the condemnation, three
competent

and

disinterested

persons

be

appointed

as

1. That this is an action for _____ for which an answer

has already been made;
2. That the pleadings on

file

show

that

there

is

no

genuine issue as to any material fact averred in the

complaint;

3. That in par. ___ of the answer filed by defendant, it

is alleged that the only issue in this case is one of
law;
4. That the plaintiff, in support if this motion, hereby

The
complaint

undersigned
originally

Assistant

City

filed

the

by

Prosecutor,
offended

upon

party,

sworn

accuses

__________ of the crime Abduction with Consent, committed as

follows:

further files the attached affidavits, marked Exhibits

A , B, etc. made out of the personal knowledge of
the

affiants

and

who

are

competent

to

testify

all

matters stated therein.

That

on

or

about

________

in

the

City

of

________

Province of ________, Philippines, within the jurisdiction of

this Court, the said accused (state the ultimate facts and
circumstances constituting the alleged crime)

WHEREFORE, it is respectfully rayed that a judgment

be rendered forthwith upon the whole case, or if judgment
cannot be rendered for all the relief sought herein, then
let an order be issued specifying what are the material

Contrary to law.
(Venue, date)
Assistant City Prosecutor

facts which appear without substantial controversy, and

the facts so specified be deemed established.
(Venue, date, signature)
(Notice of Hearing)
Form No. 241 Abduction with Consent
(Caption and Title)
INFORMATION

Witnesses:
BAIL RECOMMENDED
(CERTIFICATION)