THE Supreme Court has junked for lack of merit the petition for quo warranto filed by lawyer Elly Pamatong against President Rodrigo Duterte.
In a resolution, the SC ruled that Pamatong’s cause of action had already prescribed on June 30, 2017, one year from when Pamatong’s right to hold office, “if at all,” arose on June 30, 2016 when President Duterte was inaugurated.
Records showed that Pamatong filed the petition for quo warranto on June 6, 2018 or only a few days short of two years since Duterte’s inauguration.
“Petitioner’s cause of action, if any, had already lapsed and may no longer be revived,” the SC said.
Also, the SC held that Pamatong lacks the legal standing to bring an action for quo warranto, noting that under the Rules of Court, only the government may bring such a suit with the exception that an individual may be allowed to file an action for quo warranto when such an individual has an uncontroverted claim to the position from which ouster of occupant was sought.
But the SC found that Pamatong’s Certificate of Candidacy (COC) for the presidential post in the 2016 elections had been disapproved by the Commission on Elections as he was found to be a nuisance candidate.