Palace vindicated by SC ruling junking quo warranto suit vs. Duterte

Malacañang on Wednesday welcomed the Supreme Court decision junking a petition seeking to unseat President Rodrigo Duterte.

The SC dismissed on January 22 the quo warranto petition filed by suspended lawyer Elly Pamatong on the grounds of lack of legal standing and the lapse of the prescribed period to pursue such legal action.

Pamatong had argued that Duterte lacked the constitutional authority to "represent the government in any capacity" because his certificate of candidacy was filed late and was "never approved" by the Commission on Elections (Comelec).

"We have treated such petition at the outset as without basis in fact and in law. The Supreme Court has validated our view on the matter," presidential spokesperson Salvador Panelo said.

According to the high court, Pamatong’s cause of action already prescribed on June 30, 2017, one year from where Pamatong’s right to hold office, “if at all,” arose on June 30, 2016 when Duterte was inaugurated as president.

Pamatong filed his petition on June 6, 2018 or only a few days short of two years since Duterte’s inauguration.

The high tribunal also held that under the Rules of Court, only the government may file a quo warranto suit unless an individual has an uncontroverted claim to the position being contested.

The SC said Pamatong must have been a candidate who ran for president against Duterte during the 2016 national elections and lost to the latter for him to have a right to file a quo warranto plea.

The court said that though Pamatong filed his COC for the presidential elections in the 2016, it was disapproved by the Comelec after he was deemed to be a nuisance candidate.

His disqualification was affirmed by the SC with finality on January 12, 2016.

"Neither can he be classified as an individual who has a claim to the seat of the presidency, not even being a legitimate candidate in the 2016 elections. His allegation that he assumed the presidency last June 30, 2016 is nothing but fantasy," Panelo said. — MDM, GMA News