Lozano files case vs Comelec chief with Ombudsman
Lawyer Oliver Lozano on Thursday filed a complaint against Commission on Elections (Comelec) Chairman Jose Melo at the Office of the Ombudsman for “unfairly" dismissing the disqualification plea that he filed against former President Joseph “Erap" Estrada.
In a 24-page complaint, Lozano claimed that Melo violated Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act when the poll body chief “prejudged" his disqualification plea against Estrada, causing him “undue injury" and the deposed leader “unwarranted advantage".
“(Melo) signed the dismissal of the petition with grave abuse of discretion, ignorance of the law, culpable violation of the Constitution, betrayal of public trust or inexcusable negligence," Lozano said.
According to Section 3 (e) of RA 3019, it is unlawful for any public officer to “cause any undue injury to any party, including the government, or any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."
Lozano also cited Republic Act 6713 or the Code of Conduct and Ethical standards for Public Officials and Employees which states that “unfairness" in public service is punishable by imprisonment and disqualification from holding public office.
Earlier however, Melo said that it was “no use" for the lawyer to antagonize the Comelec.
“If you are a lawyer and a judge rules against you, you do not hit the judge," he said.
He also said that he was not worried about Lozano’s complaint. “Very good, madidismiss din yun (that will also be dismissed)," he said.
But Melo said that they will accept Lozano’s certificate of candidacy (COC) when he decides to submit it. The lawyer is also supposedly gunning for the presidency in 2010.
On Monday, Lozano filed a disqualification case against Estrada, saying the deposed leader’s election bid violated the 1987 Constitution.
Lozano, a lawyer who has been known to file a lot of publicized legal suits, cited Section 4, Article VII of the 1987 Constitution as “proof" that the President shall not be eligible for any reelection.
The poll body junked the petition, however, citing it as “premature" since Estrada has yet to file his COC.
On Wednesday, Lozano filed a motion for reconsideration.
Lozano first became known to the public when he started lawyering for the Marcoses and Marcos loyalists during the incumbency of the late President Corazon Aquino.
He later started diversifying, taking on cases perceived by other lawyers as “unpopular" cases.
In 2005, he filed an impeachment complaint against President Arroyo in connection with the “Hello Garci" controversy in what was generally considered as a nuisance complaint meant to sabotage efforts by the opposition to pin down the President for alleged wrongdoing.
In October 2008, Lozano again tried to file an impeachment complaint against the President, this time based on the ZTE scandal and the government's botched memorandum of agreement on ancestral domain (MOA-AD) with the Moro Islamic Liberation Front. The filing of the complaint, however, was preceded by the one lodged by civil society leaders led by Jose de Venecia III.
Lozano’s latest publicized legal suit was his petition asking the Supreme Court to nullify the House-approved House Resolution 1109, which calls on Congress to convene itself into a constituent assembly. The petition was dismissed by the high court for being premature. - Kimberly Jane T. Tan, GMANews.TV
In a 24-page complaint, Lozano claimed that Melo violated Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act when the poll body chief “prejudged" his disqualification plea against Estrada, causing him “undue injury" and the deposed leader “unwarranted advantage".
“(Melo) signed the dismissal of the petition with grave abuse of discretion, ignorance of the law, culpable violation of the Constitution, betrayal of public trust or inexcusable negligence," Lozano said.
According to Section 3 (e) of RA 3019, it is unlawful for any public officer to “cause any undue injury to any party, including the government, or any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."
Lozano also cited Republic Act 6713 or the Code of Conduct and Ethical standards for Public Officials and Employees which states that “unfairness" in public service is punishable by imprisonment and disqualification from holding public office.
Earlier however, Melo said that it was “no use" for the lawyer to antagonize the Comelec.
“If you are a lawyer and a judge rules against you, you do not hit the judge," he said.
He also said that he was not worried about Lozano’s complaint. “Very good, madidismiss din yun (that will also be dismissed)," he said.
But Melo said that they will accept Lozano’s certificate of candidacy (COC) when he decides to submit it. The lawyer is also supposedly gunning for the presidency in 2010.
On Monday, Lozano filed a disqualification case against Estrada, saying the deposed leader’s election bid violated the 1987 Constitution.
Lozano, a lawyer who has been known to file a lot of publicized legal suits, cited Section 4, Article VII of the 1987 Constitution as “proof" that the President shall not be eligible for any reelection.
The poll body junked the petition, however, citing it as “premature" since Estrada has yet to file his COC.
On Wednesday, Lozano filed a motion for reconsideration.
Lozano first became known to the public when he started lawyering for the Marcoses and Marcos loyalists during the incumbency of the late President Corazon Aquino.
He later started diversifying, taking on cases perceived by other lawyers as “unpopular" cases.
In 2005, he filed an impeachment complaint against President Arroyo in connection with the “Hello Garci" controversy in what was generally considered as a nuisance complaint meant to sabotage efforts by the opposition to pin down the President for alleged wrongdoing.
In October 2008, Lozano again tried to file an impeachment complaint against the President, this time based on the ZTE scandal and the government's botched memorandum of agreement on ancestral domain (MOA-AD) with the Moro Islamic Liberation Front. The filing of the complaint, however, was preceded by the one lodged by civil society leaders led by Jose de Venecia III.
Lozano’s latest publicized legal suit was his petition asking the Supreme Court to nullify the House-approved House Resolution 1109, which calls on Congress to convene itself into a constituent assembly. The petition was dismissed by the high court for being premature. - Kimberly Jane T. Tan, GMANews.TV
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