Malacañang brushed off the quo warranto case perennial political gadfly Elly Pamatong filed against President Rodrigo Duterte, saying it is nothing but a nuisance case.

Presidential spokesperson Harry Roque said everybody has the right to file cases and since they respect the judiciary, they will answer the petition against the President.

“Well, as you all know, everybody has the right to file cases, and for our part, we respect the judiciary. Of course the President will answer the complaint to prove the petition will not hold water,” Roque said.

Suspended lawyer Pamatong’s petition before the Supreme Court (SC) is not within the jurisdiction of the High Court because the president is an elected official, he added.

Roque said it is very clear that all controversies involving the President should be lodged before the Presidential Electoral Tribunal (PET).

“And since it was not filed before the Presidential Electoral Tribunal, it is clear nobody has jurisdiction over it,” Roque explained.

The Presidential spokesman also clarified that the case of former Chief Justice Ma. Lourdes Sereno is different because the chief justice is not an elected official compared to the President, who has the mandate of the people.

Roque said while the Palace maintains that the case against the President has no basis, it will still be answered. “It is very easy to dispute the allegations,” Roque said.

Pamatong in his petition alleged the certificate of candidacy of Mr. Duterte during the 2016 presidential elections was illegal.

The Supreme Court (SC) issued an order during its June 26 en banc session, directing the President to comment on Pamatong’s plea.

He questioned Duterte’s authority to hold the position of president in the SC petition.

Pamatong lost in the presidential races in 2004 and 2010 and called Mr. Duterte a usurper because the certificate of candidacy (CoC) he filed in 2015 was not allowed by law.

The petition stated that prior to the elections on May 9, 2016, Duterte withdrew his CoC for mayor in Davao City and filed another CoC for a new position or for the Presidency.

Pamatong argued that under the law, a candidate who withdraws his CoC for one position, cannot thereafter file a CoC for another position.

But in his petition for quo warranto, Pamatong did not state what law he was referring to.

Those who may file a quo warranto under the Rules of Court are the Solicitor General, public prosecutors and a person claiming the usurped public office or position, and Pamatong is not one of them.

President Duterte became a substitute candidate of PDP-Laban partymate Martin Diño.

The petitioner further alleged that Duterte’s CoC was filed late and that it was never approved by the Comelec (Commission on Elections).