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Albay VG Lagman says quo warranto petition vs ABS-CBN filed in wrong court

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Albay Vice Governor Edcel Lagman told Solicitor General Jose Calida that he is “barking up the wrong court” with filing a quo warranto petition before the Supreme Court.

Lagman, a lawyer, said that the Supreme Court is not a trier of fact, hence his petition to revoke the legislative franchise of ABS-CBN due to alleged constitutional violence should’ve been filed in a regional trial court.

“Mr. Sol Gen Calida, sir: the SC is not a trier of facts. You’re barking up the wrong court. It’s the RTC that has jurisdiction over your petition for quo warranto,” said Lagman.

Under the law, the Supreme Court and the regional trial court have concurrent jurisdiction to entertain quo warranto petitions.

“Never have i imagined how this special civil action under the Rules of Court can become so powerful and so prone to judicial abuse under the present dispensation where the power of the executive has waylaid the checks of Congress and the Court’s balance,” he said.

“Ang quo warranto ay napatunayan nang mabisa sa pag-tanggal ng isang Chief Justice gaya ni CJ Sereno,” he said.

“At, sa mga susunod na linggo’t buwan, ito’y mapapatunayan na naman na kayang magbawi rin ng isang legislative franchise. Isang kapangyarihan na dapat Kongreso lang ang pwedeng mag-exercise. SC naman! Anebeyen?!?”