The Philippine Star

SC junks Pamatong’s case vs Duterte

- – Edu Punay, Alexis Romero

The Supreme Court (SC) has dismissed the quo warranto petition filed last year by suspended lawyer Elly Pamatong against President Duterte.

In a seven-page resolution released yesterday, the high court junked the case on technical grounds.

The SC held that the petition could no longer be given due course because it was filed beyond the one-year prescripti­on period under the law.

Pamatong filed the complaint on June 6 last year, which sought to nullify Duterte’s victory in the 2016 presidenti­al elections.

The SC said the prescripti­on period lapsed on June 30, 2017 or one year after the President assumed office on June 30, 2016.

“The petitioner’s cause of action, if any, had lapsed and may no longer be revived,” read the ruling.

The SC cited as basis the lack of legal standing of Pamatong to file the petition.

Under the Rules of Court, a quo warranto petition is an action by the government against individual­s. “

“An individual may be allowed to file a complaint when such an individual has an uncontrove­rted claim to the position from which ouster is sought,” the SC explained.

The high court noted that Pamatong’s certificat­e of candidacy for president had been disapprove­d by the Commission on Elections for being a nuisance bet.

Pamatong also questioned Duterte’s substituti­on for Martin Diño as PDP-Laban standard bearer in 2016.

Malacañang welcomed the SC ruling, saying the petition was baseless.

“It lacked legal leg to stand on,” presidenti­al spokesman Salvador Panelo said.

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