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Ex-nuisance candidate Pamatong files ‘quo warranto’ case vs. Duterte


A former nuisance presidential candidate on Wednesday accused President Rodrigo Duterte of usurping the powers of the chief executive over an allegedly illegal certificate of candidacy (COC) for the 2016 polls.

In what he called a petition for quo warranto, suspended lawyer Elly Velez Pamatong told the Supreme Court (SC) that Duterte lacked the constitutional authority to "represent the government in any capacity" because his COC was filed late and was "never approved" by the Commission on Elections (Comelec) en banc.

Rule 66 of the Rules of Court states that a quo warranto pleading may be brought in behalf of the Philippine republic against, among others, a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise.

The granting of Solicitor General Jose Calida's petition for quo warranto on the grounds of lack of eligibility ousted Chief Justice Maria Lourdes Sereno from the SC last month.

"Issue: Is Rodrigo Duterte a legitimate president of the Philippines? Answer: No because Rodrigo R. Duterte failed to obtain a Comelec-approved COC when he ran for the presidency," Pamatong alleged.

"If at all, Duterte is a usurper using his usurped powers to commit mass murder and violate any law to suit his interest," he added.

Malacañang belittled Pamatong’s move.

“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,” presidential spokesperson Harry Roque said in a statement.

The Comelec en banc accepted Duterte's candidacy, as a substitute for then anti-crime advocate and now Interior undersecretary Martin Diño, in December 2015.

Pamatong, who earned notoriety for scattering spikes or caltrops on Roxas Boulevard in 2004, also admitted to partial responsibility for a set of explosives found at the Ninoy Aquino International Airport in 2014.

He was suspended from practicing law by the SC on June 2016 for "slanderous" language against a judge he had accused of corruption.

In his petition, Pamatong claimed he took an oath to assume the presidency on the same day Duterte took his: June 30, 2016.

In the event of a vacancy in the presidential seat, Pamatong claimed he "was, and still is, oath-bound to protect the Republic of the Philippines and defend the Constitution thereof." —with a report by Virgil Lopez/NB/BM, GMA News

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