MANILA, Philippines — 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.