QUO WARRANTO - Rules 66 of the Rules of Court

SECTION 1. Action by Government 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:
(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; or

(c) An association which acts as a corporation within the Philippines without being
legally incorporated or without lawful authority so to act. (1a)
SEC. 2. When Solicitor General or public prosecutor must 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. (3a)
SEC. 3. When Solicitor General or public prosecutor may commence action 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 such 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. (4a)
SEC. 4. When hearing had on application for permission to commence action.-Upon
application for permission to commence such action in accordance with the next
preceding section, the court shall direct that notice be given to the respondent so that
he may be heard in opposition thereto; and if permission is granted, the court shall
issue an order to that effect, copies of which shall be served on all interested parties,
and the petition shall then be filed within the period ordered by the court. (5a)
SEC. 5. 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 therefor in his own name. (6)
SEC. 6. Parties and contents of petition against usurpation.-When the action is
against a person for usurping a public office, position or franchise, the petition shall
set forth the name of the person who claims to be entitled thereto, if any, with an
averment of his right to the same and that the respondent is unlawfully in possession
thereof. All persons who claim to be entitled to the public office, position or franchise
may be made parties, and their respective rights to such public office, position or
franchise determined, in the same action. (7a)

SEC. 7. Venue.-An action under the preceding six sections 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 respondents
resides, but when the Solicitor General commences the action, it may be brought in a
Regional Trial Court in the City of Manila, in the Court of Appeals, or in the Supreme
Court. (8a)
SEC. 8. Period for pleadings and proceedings may be reduced; action given precedence
.-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.
(9a)
SEC. 9. Judgment where usurpation found.-When the respondent is found guilty of
usurping, intruding into, or unlawfully holding or exercising a public office, position or
franchise, judgment shall be rendered that such respondent be ousted and altogether
excluded therefrom, and that the petitioner or relator, as the case may be, recover his
costs. Such further judgment may be rendered determining the respective rights in
and to the public office, position or franchise of all the parties to the action as justice
requires. (10a)
SEC. 10. Rights of persons adjudged entitled to public office; delivery of books and
papers; damages.-If judgment be rendered in favor of the person averred in the
complaint to be entitled to the public office he may, after taking the oath of office and
executing any official bond required by law, take upon himself the execution of the
office, and may immediately thereafter demand of the respondent all the books and
papers in the respondents custody or control appertaining to the office to which the
judgment relates. If the respondent refuses or neglects to deliver any book or paper
pursuant to such demand, he may be punished for contempt as having disobeyed a
lawful order of the court. The person adjudged entitled to the office may also bring
action against the respondent to recover the damages sustained by such person by
reason of the usurpation. (15a)
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 petitioners right to the office in question. (16a)
SEC. 12. Judgment for costs.-In an action brought in accordance with the provisions
of this Rule, the court may render judgment for costs against either the petitioner, the
relator, or the respondent, or the person or persons claiming to be a corporation, or
may apportion the costs, as justice requires. (17a)