- Nuisance candidate Elly Pamatong has filed “petition for quo warranto” against Duterte
- Pamatong said Duterte’s COC last 2016 was never approved by the Comelec, and therefore, illegal
- Malacañang said it is confident SC will decide on the matter “wisely”
MANILA, Philippines – A notorious nuisance candidate has filed a “quo warranto” petition against President Rodrigo Duterte under an alleged ground that the latter’s candidacy for president in 2016 was “illegal”.
Lawyer Elly Pamatong, who once declared himself as the President of the republic and its commander-in-chief by virtue of a non-existent law, filed what he called a “petition for quo warranto” before the Supreme Court on Wednesday, June 6.
In his 7-page petition, Pamatong said Duterte’s certificate of candidacy (COC) in 2016 was filed late and was never approved by the Commission on Election (Comelec) en banc. This means, Pamatong said, that Duterte lacks the constitutional authority to “represent the government in any capacity”.
“Prior to the elections on May 9, 2016, Rodrigo Roa Duterte withdrew his COC for mayor in Davao City and, thereafter, filed another COC for another position or for the position of the Presidency. According to the Comelec this process is not allowed by law,” said Pamatong’s petition.
The petition added: “Under the law, a candidate who withdraws his COC for one position cannot thereafter file a COC for another position.”
Pamatong ran for president in the 2004 and 2010 elections, and was declared a nuisance candidate by the Comelec on both instances.
But Pamatong’s “petition for quo warranto” may never see the light of day in court since under the Rules of Court, only the solicitor general, public prosecutors, and a person claiming the usurped public office or position may file a quo warranto petition.
Nevertheless, Malacanang Palace said it is confident the Supreme Court will decide on the matter “wisely”.
“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’s utterly bereft of legal and factual merit,” said a statement from Presidential Spokesperson Harry Roque.