SUSPENDED lawyer Elly Pamatong filed on Wednesday, June 6, a quo warranto petition questioning the certificate of candidacy of President Rodrigo Duterte during the 2016 elections.
Pamatong, a former nuisance presidential candidate, told the Supreme Court that Duterte lacks the jurisdiction to "represent the government in any capacity" because of his "illegal" certificate of candidacy.
The SC is likely to junk the petition over technicality issues as under the Rules of Court, the individuals who can file a quo warranto petition are limited to the following: the Solicitor General, public prosecutors and a person claiming the usurped office.
Malacañang was unfazed by the petition. A quo warranto petition was first used against Chief Justice Maria Lourdes Sereno, who was ousted on May 11.
Presidential Spokesperson Harry Roque Jr., in a statement, shrugged off the quo warranto petition against Duterte, saying it is "bereft of legal and factual merit."
Roque was confident that the high tribunal would decide "correctly and wisely" on Pamatong's petition.
"We respect the Court as an independent institution. We are confident it will render the correct and wise decision. We're confident though that it (the petition) is utterly bereft of legal and factual merit," the Palace official said.
In his petition, Pamatong said that Duterte's filing of another COC for the presidential race was not allowed under the law.
It can be recalled that then Davao Mayor Duterte withdrew his COC for the 2016 Davao mayoral race and filed another COC for President on November 27, 2015, substituting PDP-Laban member and now Local Government Undersecretary Martin Diño.
"Under the law, a candidate who withdraws his COC for one position cannot thereafter file a COC for another position," Pamatong said.
Pamatong further argued that Duterte's COC, which was belatedly filed, was not approved by the Commission on Elections (Comelec).
This amid the decision of the Comelec to dismiss a disqualification case against Duterte over the same issue before the 2016 elections.
"Issue: is Rodrigo Duterte a legitimate president of the Philippines? No. Because Rodrigo R. Duterte failed to obtain a Comelec-approved COC when he ran for the Presidency," Pamatong said.
"If at all, Duterte is a usurper for using his usurped powers to commit mass murder and violate any law to suit his interest," added Pamatong.
Pamatong was suspended by the SC in 2016 for his slanderous language against a judge.
He repeatedly tried to ran for President but was declared by the Comelec as a nuisance candidate.
It could be recalled that in June 2017, Pamatong went viral after a video of him announcing that he assumed presidency surfaced on social media.
In the video, the suspended lawyer claimed that he "assumed full-fledged powers of the presidency." (VoxPop Philippines)
