Quo Warranto


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Quo Warranto

A concept requiring a person to show proof of his/her legal authority to undertake an action. It is largely obsolete and has been abolished in some jurisdictions. When it is used, it is generally part of a claim that a government official either was not validly elected or a government or corporation lacked capacity to commit an act.
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References in periodicals archive ?
Under the amended rule, electoral protests and quo warranto petitions involving similar parties will no longer be allowed to be fused in one filing.
According to Panelo, Malacanang believes 'that the purpose of prescription for private individual-initiated quo warranto cases is not just for such person to be unmindful on his or her purported claims to the office and then untimely muddles the current order through an action but more importantly for the seated official to have repose and peace of mind after a year so he can focus on his duties without being distracted by a baseless petition for quo warranto.'
Very clear in the quo warranto decision that the majority opinion carved out principles and said this does not apply to all," explained Te, who returned to teaching at UP Law after resigning from his post last August.
For his part, Senate Minority Leader Frank Drilon, a former Secretary of Justice Secretary of Justice, said the High Court's quo warranto decision did not surprise him.
To use quo warranto to review an action, which is merely contemplated but not consummated, as in the present case, would require this Court to depart from the historical application of the writ," the majority said in the per curiam opinion.
'Quo warranto' is a Latin phrase which means 'by what warrant?' In legal terms it means a writ formerly requiring a person to show by what authority he exercises a public office, franchise, or liberty.
Section 11 of Rule 77 of the Rules of Court states that the action (filing of quo warranto petition) shall commence within one year of the person taking office.
According to Panelo, only the Solicitor General may file a petition for quo warranto to oust a person unlawfully holding a public office, except for an individual who himself or herself claims to be entitled to such public office.
Meanwhile, Baguilat said his 'primary reason' for joining the impeachment initiative against the justices is to 'ensure a quo warranto is not resorted to in removing officials who clearly can only be removed legitimately through impeachment.' The seven justices, he said, 'must be taken to task for ousting the former chief justice through the questionable route of quo warranto.'
Contrary to Sereno's claim that she can only be removed through impeachment proceedings, Calida said the Constitution actually does not exclude quo warranto as a remedy to oust an ineligible impeachable officer.
''Tingin ko hindi pwedeng i-quo warranto iyon (I don't think quo warranto was applicable),' he said.
He said that he does not want to benefit from the quo warranto ruling that, in his view, should have been junked by the high court.