Tuesday, February 19, 2008 Officials in Lozada 'kidnapping' no-show in Senate probe
POLICE and airport officials earlier implicated in the alleged abduction of Rodolfo Lozada Jr., the key witness in the controversial US$329 million national broadband network (NBN) deal, snubbed Monday's Senate hearing on the questionable contract, citing their right against self-incrimination.
This as Lozada turned over to the Senate blue ribbon committee during the hearing the P500,000 allegedly given to him by Deputy Executive Secretary Manuel Gaite for his expenses while he was in Hong Kong.
The NBN witness earlier claimed that Gaite and other government officials sent him to Hong Kong so that he would not be able to testify in the Senate investigation.
Among those who did not attend the hearing on the alleged kidnapping of Lozada were Police Security and Protection Office (PSPO) Chief Romeo Hilomen, PSPO Deputy Chief Paul Mascarinas, Police Aviation Security Group (ASG) Chief Atilano Morada, Manila International Airport Authority (MIAA) deputy for security Angel Atutubo, and "mystery agent" Rodolfo Valeroso.
Policemen Lou Ochea, Glicerio Gallinera, Jaime Halog, Nelson Malto, and William Quililan also did not appear.
Lawyer Felisberto Verano Jr. said his clients invoked their right against self-incrimination although he added that they wanted to appear and testify before the Senate inquiry.
"The guest/resource persons invited today (Monday) had the intention of appearing and testifying with regard to the alleged disappearance of NBN witness Rodolfo Lozada Jr. Some of these appeared, in good faith, and cooperated with the investigating Senate committees in the hearing last February 11 under the impression that the questions to be asked of them would be in aid of legislation. To their utter surprise, however, Senator Ana Consuelo "Jamby" Madrigal, who sits in this very committee, immediately filed charges of obstruction of justice against those who spoke and testified in the last hearing, and worse used statements made during the same hearing as basis for the filing of the said complaint," said Verano in his letter addressed to Senator Alan Peter Cayetano, chairman of the Senate blue ribbon committee.
He also cited the speech of Senator Benigno "Noynoy" Aquino III during the last hearing wherein he "merely called upon the Senate to immediately cause the arrest and detention" of his clients "until such time that they recognize that we are co-equal branch of the government."
Madrigal filed the charges last Friday before the Department of Justice (DOJ) against President Gloria Macapagal-Arroyo, Executive Secretary Eduardo Ermita, Environment Secretary Lito Atienza, Commission on Higher Education chairman Romulo Neri, Gaite and his staff Marcelino Agana IV and Presidential adviser on special concerns Remedios Poblador.
Also included in the charge sheet were National Police Chief Avelino Razon Jr., Ninoy Aquino International Airport (Naia) general manager for security and emergency Octavio Lina, former presidential chief of staff Michael Defensor and lawyer Antonio Bautista.
According to Verano, the current Senate inquiry into the NBN project is no longer about investigation in "aid of legislation but rather an investigation in aid of prosecution."
"It is therefore with much regret that the said resource persons all connected with the Philippine National Police (PNP) together MIAA assistant general manager Angel Atutubo respectfully decline to honor the invitation of this august body. It is hoped that this Senate understands the predicament they faced with," he said.
Only Lozada, his sister Carmen and Bro. Felipe Belleza, president of the La Salle Greenhills Alumni Association, were present in the Senate inquiry.
Cayetano said it was very unfortunate that the police officers did not appear in Monday's hearing, adding that they could have air their side on the allegation raised by Lozada that he was abducted upon his arrival at Naia last February 5.
"I am very disappointed that they have chosen not to attend. They were all over the media giving interviews but they did not attend the hearing when what they said is under oath," he said.
As regards Lozada's claim that Gaite gave him P500,000, Cayetano said the Senate will be asking the Palace official to testify in the next hearing.
Meanwhile, Senator Aquilino Pimentel Jr. formally asked the Senate to also summon officials of China's Zhong Xing Telecommunication Corporation (ZTE) as well as the commercial attaché of the Chinese Embassy in Manila to attend the NBN inquiry.
Before the start of the hearing on the alleged kidnapping of Lozada, Pimentel said ZTE president Yu Yung and commercial attaché, Fan Yang, should be issued subpoena to shed light on the alleged overprice and bribery involving the NBN contract entered into by the government with ZTE.
"We should summon Mr. Yu Yung since we have been investigating the crooks in the government but we also have to investigate those who are corrupting them," he said.
As for the Chinese diplomat, Pimentel said Fan certainly enjoys some diplomatic privileges but that should not prevent the Senate from going after him.
"Even if he is a diplomat and enjoy certain diplomatic privileges, we can issue him a subpoena and if he refuses we can declare him a persona non-grata so that he Chinese government can replace him," Pimentel said.
He said the Senate can even pursue the de-listing of the ZTE Corporation before the Hong Kong bourse if its officials refuse to honor the subpoena.
He added that they can also use an earlier agreement between the Philippines and Hong Kong regarding legal and criminal issues against the ZTE officials.
Also during the hearing, the senators urged Neri to speak the truth insisting that his words will shed more light on the botched NBN deal.
According to them, Neri can help in reforming this country as he stressed the need to reform the rotten procurement system of government.
Neri has since evaded the Senate investigation by invoking executive privilege. He has a pending petition before the Supreme Court for the Senate's order to arrest him for contempt when he failed to attend the Senate hearing on the NBN deal.
Senator Francis Pangilinan said Neri should withdraw his petition and appear in the Senate hearing.
"As a true public servant, he (Neri) needs to answer first to the people, and the people want truth. He needs to tell all, and he needs to tell all now," he said. (CPB/Sunnex)
