Francisco’s petition points out the defects and infirmities of the original Lozano complaint, namely:
it has not been verified but merely sworn;
it had no endorsement by a member of the House at the time it was filed on June 27, 2005;
it used a form foreign to the standard complaint or affidavit-complaint prepared and used by lawyers; and
its allegations may not be able to meet the standard of sufficiency of substance.
In fact, he adds, by filing a total of six supplemental affidavits of complaint to support his original complaint, Lozano admits as much to the insufficiency in substance.
Saying it is unfortunate that the "Francisco ruling" was being used by pro-Arroyo congressmen as their battlecry to block the amended complaint, Francisco argues that the said doctrine is not applicable to the impeachment proceeding before the House justice committee.
He said that in light of the recent developments, the Francisco ruling should be re-examined since by deeming an impeachment proceeding initiated by the mere filing of an impeachment complaint and its referral to the committee on justice makes it clearly susceptible to abuse and
"will effectively shield a corrupt, impeachable official from impeachment."