In a five-page complaint before the Office of the Ombudsman, Lozano accused De Venecia of violating the provisions of the Code of Conduct for Public Officials (Republic Act 6713) for returning his impeachment complaint without sufficient grounds.
Lozano also included House Secretary General Roberto Nazareno in his complaint.
Lozano argued De Venecia and Nazareno committed an error in returning the complaint "for lack of endorsement of the letter transmittal."
He pointed out the first complaint he filed against the President was initially without any endorsement until it was signed by Alagad party-list representative Rodante Marcoleta and Iloilo Rep. Rolex Suplico.
The same impeachment complaint, which was then amended by the opposition with Lozano’s consent, was dismissed by the House in a majority vote on Sept. 6, 2005.
But by way of a "Solomonic solution," Lozano said the amended impeachment complaint may be deemed "re-filed."
"Upon its face, the Lozano-Opposition amended impeachment complaint is verified and endorsed. A simple reading thereof will readily show that fact. On record, there is no formal withdrawal in writing of all the endorsements of the Lozano-Opposition amended impeachment complaint," Lozano argued.
Lozano said De Venecia and Nazareno have no power to decide on the sufficiency of the complaint.
"And acting upon your usurped, illegal, unilateral, arbitrary, capricious and summary decision, you return the complaint for lack of endorsement of the letter transmittal," he added.
The complaint lodged by Lozano stemmed from the refusal of the two House leaders to approve the impeachment complaint against President Arroyo which he re-filed last week. — Mike Frialde