Urges SC to declare vacant all posts occupied by Duterte appointees
By Moira Encina
Eagle News Service
Controversial figure Elly Pamatong on Wednesday, June 6, urged the Supreme Court to declare the election of President Rodrigo Duterte as chief executive as null, and to declare vacant the posts of his appointees.
In filing the 6-page petition for quo warranto, Pamatong, who also ran for president at least two times and was tagged a nuisance candidate in 2016, referred to what he said were Duterte’s public admissions he ran for president without a “(Commission on Elections-approved) certificate of candidacy.”
According to Pamatong, prior to the May 9, 2016 elections, Duterte withdrew his COC for the post of mayor in Davao, and “thereafter filed another COC for another position or for the position of the presidency.”
Pamatong alleged this process was not allowed by the Comelec and was “illegal.”
“This could be the reason why, recently, Duterte repudiated his oath or loyalty to the Constitution, and warned the (Armed Forces of the Philippines) not to attempt to remove him from office otherwise the Chinese Army will come and rescue him pursuant to Xi Jin Ping’s promise to keep Duterte in office for life,” he said.
He said that even if Duterte filed a COC “as substitute for Martin Dinio’s COC for mayor in Pasay City” that was “altered” into a COC for the presidency, “the (deadline for the) filing of COCs already expired.”
“Further, at the time of the elections on May 9, 2016, (Duterte’s) application for a (COC) was not approved because the Comelec en banc had not up to that time decided with finality on the four petitions challenging the eligibility of Duterte for the presidency,” he added.
He claimed that “to this day, the same decision has not been heard or decided by the Comelec en banc.”
The Comelec, however, has junked all four petitions.
“Hence, Duterte’s COC was not approved on or before the day of the national elections on May 9, 2016, ” he alleged.
Comelec “sabotage”
Pamatong also called to task the Comelec, which he said “sabotaged” the May 9, 2016 elections, “wherein a dead man Ambassador Roy Seneres and a non-entity named Mel Lopez, were allowed to run for president instead of (Pamatong), who was disqualified three days before the deadline for filing COCs.”
As such, Pamatong said “both the presidency and the vice presidency are in effect vacant or empty subject to the rule of succession if any which is not an issue before this court.”
“Wherefore, in view of the above and the foregoing, petitioner prays that (Duterte) be prohibited from continuing to usurp the presidency and as such all his political appointees be ordered to vacate their respective positions,” he added.
Controversial figure
Pamatong has already been arrested for allegedly being the brains behind the foiled bombing attempt of three members of USA Freedom Fighters of the East (Usaffe), which he claimed to have founded, at the Ninoy Aquino International Airport (Naia) Terminal 3 in 2014.
He also earned the label “Spike Boy” after he ordered his supporters to throw metal spikes on EDSA in 2004.
This was after he was disqualified in the presidential elections that year.
He also handcuffed himself in the Comelec following his disqualification.
Under Rule 66 of the Rules of Court, only the Office of the Solicitor General, a public prosecutor, or someone who has legitimate claims over a post that is the subject of the quo warranto petition can initiate quo warranto proceedings against people in office.