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Petitioner is person
entitled
to
office
(Riano,
Civil
Procedure:
A
Restatement for the
Bar, pp.
672, 2009 ed.).
Person
adjudged
entitled to the office
may bring a separate
action against the
respondent
to
recover
damages.
(Sec 11, Rule 66,
Rules of Court)
warranto
in
proclamation of
the
candidate.
(Riano,
Civil
Procedure:
A
Restatement for
the Bar, pp.
672, 2009 ed.).
Petitioner may be
any voter even if
he is not entitled
to
the
office.
(Riano,
Civil
Procedure:
A
Restatement for
the Bar, pp.
672, 2009 ed.).
Actual
or
compensatory
damages
are
recoverable
in
quo
warranto
proceedings
under
the
Omnibus Election
Code.
Quo
Warranto
Under Rule 66
Quo Warranto
In
Electoral
Proceedings
Issue is legality of
the occupancy of the
office by virtue of a
legal
appointment
(Riano,
Civil
Procedure:
A
Restatement for the
Bar, pp.
672, 2009 ed.).
Issue iseligibility
of the person
elected
(Riano,
Civil Procedure: A
Restatement for
the Bar, pp.
672, 2009 ed.).
Grounds: usurpation,
forfeiture, or illegal
association (Sec 1,
Rule 66, Rules of
Court)
Presupposes that the
respondent
is
already
actually
Grounds:
ineligibility
or
disqualification to
hold the office
(sec
253,
Omnibus Election
Code)
Petition must be
filed within 10
days from the
Elective Office
Issue: eligibility of
the respondent
Occupant declared
ineligible/disloyal
will be unseated
but petitioner will
not be declared the
rightful occupant of
the office. (Nuval v
Guray, 52 Phil 653
on the resolution of
the
motion
for
reconsideration)
Appointive Office
Issue: validity of
the appointment
Court will oust the
person
illegally
appointed and will
order the seating
of the person who
was
legally
appointed
and
entitled
to
the
office; The Court
has to declare who
the person entitled
to the office is if he
is
a
petitioner
(Nuval v Guray, 52
Phil 653 on the
resolution of the
motion
for
reconsideration).
2.