Thursday, October 29, 2009
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Some may think of lawyer Oliver Lozano as a foolish old goat, just trying to seek publicity by filing a disqualification case against ex-President Joseph Estrada this early.

I have to admit, I was one of them, unworthy of the name we both share.

But when he said he would appeal the COMELEC's dismissal of the case, I realized the brilliance of his move.

When Erap files his certificate of candidacy next month, the appealed case would be in the Supreme Court already, and Lozano can claim that as a supervening event of the filing so he need not re-file with the COMELEC again.

That would save him (and actually us) A LOT of time (of re-filing and arguing orally and in writing) with the COMELEC. With that move, he bypassed the COMELEC's processes (which could take ages), saving him and all of us a lot of time.

Had we gone through the normal process, we would have filed the disqualification case with the COMELEC. Then COMELEC would require Erap to answer within a period of time. Then, the parties would probably file their replies and rejoinders. Then, go through oral arguments. After that, the COMELEC will decide and that decision would be elevated to the Supreme Court, where the entire process would be repeated.

But with filing the disqualification case now, there would already be a COMELEC decision up for review by the Supreme Court, hence legally bypassing a necessary but time-consuming step.

But of course, that move is a double edged sword. He may or may not be disqualified, we don't know how the Supreme Court decides. At least, we will know quickly.

So Atty. Lozano may be a lot of things, but not stupid. As a matter of fact, it was a brilliant move. That's a move that I admire. The maneuver that appears to be stupid at first, even at the point of mockery, but in the final analysis, was really brilliant in the first place.

So okay, he is worthy of the name we both share.

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