In a letter to Justice committee chairman Niel Tupas Jr., Lagman said:  “It is respectfully submitted that the impeachment complaint against Supreme Court Associate Justice Mariano del Castillo be dismissed automatically since the Committee on Justice has ousted itself of jurisdiction for failure to dispose of the complaint within the 60-day reglementary period pursuant to Section 8 of Rule III of the House Rules on Impeachment Proceedings and Section 3(2) of Article XI of the Philippine Constitution.”

 

The complaint against del Castillo, who allegedly plagiarized several foreign works in a decision, was filed on February 2, 2011.

 

“If counted properly by recording each daily session day, the total sessions which elapsed from 02 February 2011 to 06 February 2012 totaled 84 session days. The five (5) session days on 25 January 2012, 30 January 2012, 31 January 2012, 01 February 2012 and 06 February 2012 should be added to reach a grand total of 84 session days which had elapsed or 24 session days more than the reglementary sixty (60) session days,” he added.

 

He said the certification of the Director of the Journal Service that 54 days have only elapsed as of January 30, 2012 “is flawed and grossly inaccurate.”

 

He said the journal service “lumped together several or many actual and separate session days into only one theoretical session day.” 

 

There were session days that were suspended or adjourned. Such practice is a wrong way to count the session days, he said. 

 

“As long as the House transacted business, each session that transpired should be counted as a separate session day irrespective of whether a roll call was made or the session was adjourned or suspended,” Lagman explained.

 

When a session day is suspended, it should not be lumped into the following day as “one session day,” he added.

 

He said this is only “to enable the House to resume session the following day or days without need of a prior roll call.”

 

Lagman said there are already lots of jurisprudence or basis on the matter.