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SC junks Lozano suit vs Nograles, 39 solons

September 30, 2009 07:24:00
Norman Bordadora
Philippine Daily Inquirer

MANILA, Philippines—The Supreme Court has dismissed for “lack of merit” a disbarment suit filed by lawyer Oliver Lozano against Speaker Prospero Nograles and 38 other lawyer-members of the House of Representatives in connection with their support for a constituent assembly (Con-ass).

Lozano had argued that the lawmakers had committed a “blatant violation of the Constitution” when they signed House Resolution No. 1109, which would allow congressmen to change the Charter even without the participation of the Senate.

The court’s second division dismissed Lozano’s complaint, recalling the tribunal’s dismissal on June 16 of another petition he filed to nullify HR 1109.

In its earlier decision, it said that the resolution was not yet ripe for judicial review since the House had only resolved to convene Con-ass. It had not yet actually been convened, it noted.

To support his disbarment suit, Lozano had attached the petition he filed for the earlier case, the court noted.

Since the petition against HR 1109 had been dismissed, the Supreme Court, in a two-page resolution, resolved to also dismiss Lozano’s disbarment suit.

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