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Friday, February 08, 2008
SC issues ‘amparo’ vs gov’t on Lozada case
MANILA -- The Supreme Court (SC) issued a writ of amparo Thursday directing government authorities to explain their actions on the alleged abduction of controversial broadband deal witness Rodolfo Lozada Jr. upon his arrival from a trip abroad last February 5.
In a resolution following a special en banc session, the high court also resolved to consolidate the separate petitions filed by Lozada's wife Violeta and his brother Arturo, and referred the case to the Court of Appeals (CA) for hearing on February 14 at 10 a.m.
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"Considering the allegations contained, the issues raised, and the arguments adduced in the above petitions, it is necessary and proper to order respondents to make a verified return of the writ before Honorable Conrado Vasquez Jr., presiding justice of the CA within five working days," the SC ruled.
After the immediate raffle of the consolidated cases to the ponente and the Division, the CA was also required by the high court to decide the case after the submission for decision in accordance with the rule.
The SC also directed respondents President Gloria Macapagal-Arroyo, Executive Secretary Eduardo Ermita, Philippine National Police (PNP) Chief Avelino Razon Jr., Senior Police Officer 4 Roger Valeroso, and Manila International Airport (MIA) assistant general manager Angel Atutubo to comment on the petition for habeas corpus filed by Lozada's wife.
On the habeas corpus petition of Violeta, SC spokesman Jose Midas Marquez said the court has taken judicial notice of the fact that the Senate has already taken custody of her husband.
"Acting on the other petition for habeas corpus, the court will not require respondents anymore to produce the body of the subject, but they are required to submit their comment within a non-extendible period of five days from notice," Marquez said.
Last Wednesday, Lozada's wife and brother filed separate petitions for the issuance of writs for habeas corpus and amparo, respectively, following the Lozada's failure to exit from the regular channels of the Ninoy Aquino International Airport (Naia) upon his arrival from a business trip in Hong Kong.
US$262 million
The SC issued the order hours after Lozada appeared in public and linked former Commission on Elections (Comelec) chairman Benjamin Abalos Sr. and First Gentleman Jose Miguel "Mike" Arroyo to the questionable contract.
Lozada, in a press conference, said the deal, which the President wants to be done under a build-operate-transfer scheme, was initially priced at about US$262 million, which was separate from an alleged US$130 million commission of Abalos.
He said Abalos insisted on implementing the project through a loan agreement and in the process had called up the President's husband to seek his support.
Police and government officials stood pat on its earlier statement that Lozada and his family sought assistance, including security details, following death threats against him.
Press Secretary Ignacio Bunye presented three documents, two signed by Lozada himself, and one by his sister Carmen, addressed to the PNP chief.
The two letters dated February 5 was typewritten and sent to Razon through Police Security and Protection Office Director Romeo Hilomen. It was signed by Lozada and the other one by Carmen asking "protective escort" to ensure the safety and well-being of the former Philforest chief.
The third letter, a handwritten note of Lozada addressed to "Sonny," requests for "security detail for my arrival at NAIA 3 on 5 February 08, Flt CK 919 coming in from Hong Kong."
Abducted
Bunye and Razon said the letters disprove allegations that Lozada had been kidnapped or abducted minutes after he arrived last Tuesday.
Other documents presented by the administration was Lozada's request for authority to travel and a transmittal to the Department of Foreign Affairs allowing Lozada to go to London via Hong Kong to attend the Global Fuel Conference and Exhibition.
Razon added that based on their assessment, Lozada indeed needed security although they did not ask Lozada whom he suspects where the possible threats come from.
He said they provided the security detail until his (Lozada) custody had been turned over to the priests and nuns at the De La Salle University in Greenhills.
He said from the time they secured Lozada from the airport, it took them about six hours until he arrived at the school. He said the police also fed Lozada in a steakhouse in Libis and left it to him to decide where he wanted to stay or to go where he would feel safe and comfortable.
Razon said at 10 p.m. last Tuesday, Lozada was able to meet his family and police are prepared to produce proof including pictures of this meeting.
He said this is the reason why he is not sure why the Lozada family went to court to file a petition for habeas corpus after they themselves have seen and met the former PhilForest chief.
The PNP chief reiterated that there was no kidnapping or abduction, which he said, would have been true if Lozada had not been allowed to meet and talk with his family or even choose the place where he wanted to stay.
Lies
Deputy presidential spokesman Anthony Golez, on the other hand, branded the statement of Lozada as lies, adding that he may even continue to issue similar lies in the future.
Golez also denied that the government forced Lozada to come up with an affidavit about what he knows on the broadband deal in preparation for his possible appearance in the Senate.
He said it was Lozada, through his lawyer which he did not name, who talked to them particularly Ermita, informing them that he is safe, under the protective custody of police, and already preparing an affidavit.
Golez said the lawyer also informed them that Lozada was hesitant to testify in the Senate.
He also cautioned those supporting and aiding Lozada to be careful as they might be taken advantage of particularly with the resigned PhilForest official already resorting to lies.
Annoyed
FG Arroyo said he was more annoyed than bothered by the revelation of Lozada.
According to Ruy Alberto Rondain, lawyer of FG Arroyo, his client was not bothered by the raging controversy regarding the alleged anomalous NBN deal.
"He (Mr. Arroyo) was annoyed by all the lies being peddled to the public and the media but he was not bothered by it. It doesn't keep him up at night and he has no reason to react since there was no direct accusation nor evidence against him," Rondain said.
The lawyer said he requested a short meeting with the First Gentleman upon his arrival from Europe to discuss the issue but Mr. Arroyo does not want to get involved in politics.
The President's husband arrived at Naia at 6:34 p.m. last Wednesday on board a Boeing 777 airplane of Cathay Pacific Airlines flight CX-903. The plane reportedly came from Europe via Hong Kong.
Rondain challenged Lozada that instead of appearing before the media and engaging in propaganda, the NBN witness should have filed a case in court if he really has the goods on Mr. Arroyo.
"If he (Lozada) has hard evidence then he should file it in court so that we can litigate it," he said, adding that what is taking place is "grandstanding" on a large scale at the expense of his client.
Despite the accusation, Rondain said his client would not file any libel cases against the media or any person.
Asked if Mr. Arroyo would appear in the Senate inquiry into the NBN project on Friday, Rondain said his condition would not allow him to go there nor engage in any "stressful" activity.
He said Mr. Arroyo's doctors have prescribed a six-month rest after the First Gentleman underwent a major surgery last year.
No comment
For his part, Abalos refused to comment on the revelations aired by Lozada.
"I do not comment on something I have not heard. Please, allow me. Give me the privilege of hearing everything that he said. I don't want to talk yet. I want to hear it from the horse's mouth," Abalos said Thursday morning while on his way to his car outside the Wack-Wack Golf and Country Club in Mandaluyong City.
"I don't want to talk about it yet because he (Lozada) will still talk in the Senate. I hope you don't mind. They might be able to correct himself with what I will point out. Let him talk first," he added.
But when asked about Lozada's claim that the project was overpriced and he was asking for US$130 million commission from the deal, Abalos said he would leave it to the public to assess the veracity of the accusation against him.
Some senators asked the President to resign or take a leave of absence following the new scandal hounding her administration.
Snap election
Senators Panfilo Lacson, Benigno "Noynoy" Aquino III, and Alan Peter Cayetano said it is time that Mrs. Arroyo resigns as Chief Executive to give way to this investigation.
Lacson even challenged President Arroyo to a snap election in which the senator maintained that he will not join in case the President would consider.
Administration officials meanwhile accused members of Senate of grandstanding and plotting to bring down the Arroyo government by using the NBN deal to call for the President to step down from office and agree to a snap election.
Bunye said some senators are even using the investigation for grandstanding, media mileage and to further their own interest.
He said Alan Peter Cayetano and Lacson in particular betrayed themselves by showing that the real intent in investigating the cancelled deal was not to go after truth and justice and making laws. "They simply can not wait for the 2010 elections and they want to bring this government down now," he said.
Bunye expressed confidence that the people would see through the designs of some senators and would not sport them.
He said the Arroyo government is now stable and the people are already tired of these endless mudslinging and politicking.
"We're very stable. We're very stable and we believe that the people are tired of instability, the people are tired of too much politics and the President is focused on what is most important and that's growing the economy and we're glad that her laser focus has produced very good results for the country," he added.
Support
Different religious based groups have expressed their support to Lozada.
The Solidarity Philippines admired Lozada's courage in revealing the truth on the anomalous contract despite threats on his life.
"While those in power have not gone to confess their sins against the Filipino people, we laud the courage of Lozada to confess what he knows despite serious death threats against him," said Fr. Joe Dizon, convener of Solidarity Philippines.
Dizon said they will also pray that Lozada would stand by his earlier statements when the senators "grill" him on the scheduled hearing Thursday afternoon.
Aside from Dizon's group, the District Justice and Peace Commission of the Philippine Lasallian Family also expressed their support to Lozada.
The group held a prayer for courage and candle lighting for truth and accountability in front of the College of Saint Benilde in Manila.
Catholic Bishops' Conference of the Philippines (CBCP) president and Jaro Archbishop Angel Lagdameo urged Lozada to tell all about the NBN deal when he faces the Senate on Friday. "If we are looking for the truth, you must tell all that you know about the deal," said Lagdameo. (Sunnex)
For more Philippine news, visit Sun.Star Davao. (February 8, 2008 issue)
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