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Thursday, February 07, 2008
SC help sought on Lozada’s release
MANILA -- A witness in the ongoing Senate inquiry on the controversial National Broadband Network (NBN) deal was taken into police custody against his will, his wife said in a petition seeking his release.
Rodolfo Lozada Jr., Philippine Forest Corporation (PFC) president, faced an arrest warrant from the Senate for failing to attend a hearing last week.
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Police whisked him out of Manila's airport after he returned from an official trip abroad, authorities and his family said.
Lozada's wife Violeta asked the Supreme Court (SC) on Wednesday to compel government authorities to release her husband.
But opposition senators said he was "kidnapped" to prevent him from exposing alleged corruption in a government broadband contract.
Philippine National Police (PNP) Chief Avelino Razon Jr., on the other hand, denied that Lozada was being held against his will, saying one of his siblings had requested "protective custody" for him because "they fear for his safety."
He though did not say who was threatening Lozada, or who asked that he be placed under protection.
Petition
In a petition for the issuance of a writ of habeas corpus, Violeta alleged that her husband is being held against his will by respondents last Tuesday and continued to have illegal custody over him in violation of his constitutional right to life, liberty, and security without due process of law.
A separate petition for a writ of amparo was also sought from the high court by Lozada's brother, Arturo, impleading President Gloria Macapagal-Arroyo for her role as Commander-in-Chief of the Armed Forces of the Philippines (AFP); Executive Secretary Eduardo Ermita; Philippine National Police (PNP) Chief Avelino Razon Jr.; Manila International Airport (MIA) assistant general manager Angel Atutubo; and a policeman named Roger Valeroso.
Also named respondents in the habeas corpus case filed by Violeta were Philippine Air Force Commanding General Pedrito Cadungog, MIA assistant general manager Octavio Lina, and Presidential Security Group (PSG) chief Romeo Prestoza.
Lozada's brother likewise asked the SC that should respondents fail to present the NBN witness, an interim relief will be issued in the form of inspection and production orders, including documents related to the authority ordering the custody of the official and any other document, which would show those responsible for his abduction.
According to Violeta, her husband could be restrained of his liberty by respondents at either the MIA, Villamor Air Base, Malacañang Palace, PSG headquarters at the Malacañang Park, PNP headquarters at Camp Crame or at such other place under the complete control and supervision of the respondents.
"The illegal restraint for which petitioner Lozada is presently being subjected has caused and is causing continuous severe anguish, anxiety, torment, and immeasurable amount of mental torture to himself and to his family and relatives," petitioners said.
The petitioners also asked the SC to order respondents to produce Lozada at the time and place which the court would designate and to summon respondents to show cause why he should not be taken away from their restraint; and after due proceedings, Lozada be restored to his liberty.
Petitioners pointed out that there is no lawful order from any government entity, agency or tribunal for Lozada's arrest.
Violeta said the family fear for her husband's life in the wake of revelations of former House Speaker Jose de Venecia Jr. about the "alleged capacity of certain sectors to plan assassination plots directed against people criticizing the aborted broadband deal."
Disappearance
Lozada is the chief executive officer of the PFC, a subsidiary of the state-owned Natural Resources Development Corp. (NDRC) where Commission on Higher Education (Ched) chairman Romulo Neri used to sit as board member when he was still director of the National Economic and Development Authority (Neda).
Based on records prior to Lozada's disappearance, the Senate started investigating the US$329 million NBN contract entered by the Philippine government with the Chinese firm ZTE Corporation.
During the hearings, Lozada's name was mentioned by whistleblower Jose de Venecia III, prompting the Senate to call his presence as a resource speaker in the January 30 hearing to shed light on the controversy.
Lozada, however, was not able to attend because he was, at that time, going to Hong Kong for an official mission. As a consequence of his non-appearance, the Senate issued a warrant of arrest against him, along with Neri.
Last February 5, petitioner Lozada returned to the Philippines on board Cathay Pacific Flight CX919, landing at the Ninoy Aquino International Airport (Naia) at 4:40 pm.
However, Lozada did not disembark and exit through the normal channels such as passing through the Immigration and Customs authorities.
Thereafter, petitioners claimed they received reports that airport security escorts who were under the direct supervision and control of Atutubo met Lozada at the plane, and even before the Senate sergeant-of-arms could serve the arrest warrant on him.
According to reports, Atutubo surrendered Lozada to Valeroso, together with other PNP personnel and supposed members of the PSG.
Lozada was able to relay a text message to his wife stating that he just arrived and was being taken by PNP personnel and other unidentified persons. He further sent another text message stating in Bicol dialect to "ask the church immediately to get me out tonight as soon as possible. I'm in Laguna now."
Senate President Manny Villar Jr. said the Senate would investigate the temporary disappearance of Lozada.
Custody
Razon admitted that they have taken Lozada into its custody.
He said members of the Police Security and Protection Office (PSPO) took Lozada after arriving at Naia in Pasay City from Hong Kong on the request of Lozada's brother.
"He (Lozada) is under the protection of the police. His family knows this. The one who requested this is his brother. He told the Police Security Protection Office that Jun Lozada fears for his safety," said Razon.
He added Lozada was afraid that once he arrives at the airport, he would be arrested by personnel of the Senate, which had issued warrant of arrest for him so he requested the PSPO that he be given security. "When he arrived, he formalized this (giving of security) through a security letter," Razon said.
"He (Lozada) was not picked up, he was merely accompanied (by policemen)," said Razon.
Razon said the PNP would turn over Lozada to the Senate if "there is a need for him to appear before the Senate and if Mr. Lozada would be agreeing."
Kidnapping
Told that some senators have accused the PNP of kidnapping Lozada, Razon said: "This is not kidnapping because we were requested (to provide security on him). There will be kidnapping if he is taken against his will, but this was done on his own volition, out of his own free will. He requested that he be given security."
At present, Razon said Lozada is in "safe" condition and he is with some of the members of his family. He said Lozada would remain in the protective custody of the PNP until the witness wants to.
Razon said: "We will bring him out once we determine that it would be safe to present him. Our assessment is there is a threat on him and we agreed to his request (for security)."
"There is a threat to his life, threat that he will be arrested," he added.
Missing link
Opposition senators believe Lozada may be the missing link in their effort to prove the President and her husband were involved in approving the deal, which was eventually scrapped.
Allan Peter Cayetano, head of the Senate committee investigating the deal, denounced Lozada's detention, saying it was meant to discourage other would-be witnesses to corruption.
Another opposition senator, Panfilo Lacson, a former national police chief, accused Razon of "brazenly lying" in claiming Lozada was in protective custody.
He said the detention "only validates information that Lozada will certainly bring his testimony right at the doorstep" of the presidential palace.
Carlos Medina Jr., a lawyer with the Ateneo Human Rights Center representing Lozada's wife, described explanations that Lozada's family had sought police protection for him as "an afterthought."
"Otherwise, we would not have filed the petition to release him," said Medina.
Disrespect
Senator Benigno "Noynoy" Aquino III criticized Malacañang for the insolent display of disrespect for a co-equal branch of government like the Senate.
Aquino, in a privilege speech, asked the Senate as a body to stand up as one and to utilize the powers vested in it by the Constitution.
He also asked the Senate investigating body to look into the circumstances surrounding the disappearance of Lozada and to immediately issue subpoenas to all government officials responsible for the incident.
These people, Aquino said, should explain to the Senate their participation in preventing the lawful arrest of Lozada by the office of the Senate sergeant-at-arms.
The Senate arresting team proceeded to the airport at 4 p.m. last Tuesday as Lozada was to scheduled to arrive, but they were not allowed to get past the customs and immigration line by airport authorities despite the arrest warrant.
To testify
Executive Secretary Eduardo Ermita, meanwhile, said Lozada is free to appear and testify on the questionable NBN contract if he deems it necessary.
Ermita issued the statement as Malacañang officials denied that Lozada was kidnapped.
He said Lozada started receiving legal advice while under the protective custody of the police, which may help him decide whether he would appear in the Senate or not.
He said the administration could not invoke Executive Order (EO) 464 or similar issuances in Lozada's case because they do not even know the questions that the senators are planning to ask him or if it should even be covered by executive privilege.
"We will not (stop him), it is his call," he said, adding that Malacañang is not even worried if Lozada testifies or about whatever revelations he may make.
"There's nothing to stop Mr. Lozada to testify," he said.
Ermita shrugged off speculations that Malacañang was involved in keeping Lozada from testifying saying such allegation is not surprising. (Sunnex/With AP)
For more Philippine news, visit Sun.Star Iloilo. (February 7, 2008 issue)
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