MANILA – A former nuisance presidential candidate accused President Rodrigo Duterte of usurping the powers of the chief executive for having an allegedly illegal certificate of candidacy (COC) during the 2016 elections.
In what he called a petition for quo warranto, suspended lawyer Elly Pamatong told the Supreme Court 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 en banc.
Duterte’s candidacy was faulty from the start for he cannot withdraw his COC for Davao City mayor and file another COC for president, Pamatong claimed in the petition filed Wednesday.
A quo warranto proceeding, as defined under Rule 66 of the Rules of Court, may be brought on behalf of the government to remove an unqualified official from their position.
It may be initiated against anyone who “usurps, intrudes into, or unlawfully holds or exercises a public office.”
The president and the vice president may face a quo warranto petition under the Presidential Electoral Tribunal (PET) rules, the Supreme Court said in its ruling that favored a similar plea and ousted Maria Lourdes Sereno as chief justice as a result.
“The PET Rules provide that a petition for quo warranto, contesting the election of the president or vice president on the ground of ineligibility or disloyalty to the Republic of the Philippines, may be filed by any registered voter who has voted in the election concerned within ten days after the proclamation of the winner,” read part of the decision.
“Despite disloyalty to the republic being a crime against public order defined and penalized under the penal code, and thus may likewise be treated as ‘other high crimes,’ constituting an impeachable offense, quo warranto as a remedy to remove the erring president or vice president is nevertheless made expressly available,” it added.
In June 2016 Pamatong was suspended by the Supreme Court from the practice of law for two years over “slanderous” language toward a judge he accused of corruption.
“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.
Comelec en banc accepted Duterte’s candidacy as a substitute for then anti-crime advocate and now Interior undersecretary Martin Diño in December 2015. (GMA News and Adrian Stewart Co/PN)
