QUO warranto is a remedy to assail an illegal intrusion into a public office or position (not a private one). It is also the proper remedy when the state questions the existence of a de facto corporation or the unlawful exercise of a franchise by a de jure or legally incorporated corporation.
Section 1 of Rule 66 of the 1997 Rules of Court provides that 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:
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