Friday, September 23, 2005

The Lazarus Act

Lawyers Seek SC Help in Reviving Impeach Move

Pro-impeachment lawyer Atty. Harry Roque and several others including Cebu Representative Clavel Martinez (4th District, Cebu) today sought the intervention of the Supreme Court in reviving the amended impeachment complaint.

In their petition for certiorari, the lawyers argued that the original Lozano complaint should not have been recognized by the House Committee on Justice because it was "stricken with a basic jurisdictional defect."

They argued that the complaint cannot be considered as properly verified and endorsed by a member of the House of Representatives. The petition stated that the constitution requires that a complaint be filed and endorsed at the same time. They contend that the Lozano complaint was endorsed by Rep. Rodante Marcoleta, two days after it was filed.

"This is a jurisdictional defect that effectively deprives the House of Representatives of any jurisdiction over the original Lozano complaint," the petition said.

The petitioners insisted that it was only the amended complaint which was sufficient in form and substance.

They asked the Supreme Court to nullify the act of the House of Representatives and direct the House of Representatives to remand the amended complaint to the Committee on Justice.

See post also on DocketFiles

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