Quick answer

Quo warranto (literally, by what authority) is a special civil action to question a person's right to hold a public office, position, or franchise, or a corporation's right to exercise its corporate powers. It is the remedy against usurpation. There are two principal contexts. In public office, an action for quo warranto may be commenced against: a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position, or franchise; a public officer who does or suffers an act which, by law, constitutes a ground for the forfeiture of their office; and an association acting as a corporation without being legally incorporated or without lawful authority to so act. In the corporate context, quo warranto is the means by which the State, through the Solicitor General, may question a corporation's existence or seek the revocation of its franchise, for example, where a corporation was procured through fraud or has committed serious violations; this is why a de facto corporation's existence can be attacked only by the State in a quo warranto proceeding, not collaterally by a private party. As to who may file, the action is generally brought in the name of the Republic by the Solicitor General or a public prosecutor; however, a private person may file the action in their own name when they claim to be entitled to the public office allegedly usurped, that is, a person claiming the office may sue to oust the usurper and be declared entitled to it. A crucial limitation is the period: an action for quo warranto must generally be commenced within one year after the cause of ouster or the right of the petitioner to hold the office arose; this short period reflects the policy that title to public office should not be left uncertain. So quo warranto challenges a usurper's right to a public office or a corporation's right to exist, filed by the State or by a private claimant to the office, generally within one year.

Challenging a Right to Office

Quo warranto (“by what authority”) questions a person's right to hold a public office or franchise, or a corporation's right to exist. It is the remedy against usurpation.

When It Lies

Who Files, and the One-Year Rule

Generally the State through the Solicitor General (this is how a de facto corporation is attacked). But a private person claiming entitlement to the office may sue in their own name. The action must generally be filed within ONE YEAR from the cause of ouster.

Practical Takeaways

Frequently Asked Questions

What is quo warranto? A special civil action questioning a person's right to hold a public office, position, or franchise, or a corporation's right to exercise its corporate powers. It is the remedy against usurpation.

Who may file a quo warranto action? Generally the Republic through the Solicitor General or a public prosecutor. A private person may file in their own name when they claim to be entitled to the public office allegedly usurped.

How long do I have to file quo warranto? Generally within one year after the cause of ouster or after the petitioner's right to hold the office arose, reflecting the policy that title to public office should not remain uncertain.

How is quo warranto used against a corporation? The State, through the Solicitor General, may question a corporation's existence or seek revocation of its franchise. This is why a de facto corporation's existence can be attacked only by the State in a quo warranto proceeding, not collaterally.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.