Blue Ribbon prepares own report on Lozada

THE Senate tri-panel investigating the national broadband deal with China’s ZTE Corp. is set to come out with its findings on the abduction of its star witness Rodolfo "Jun" Lozada which may be different from the Court of Appeals (CA) ruling.

Sen. Alan Peter Cayetano, Senate Blue Ribbon chair, stressed the Senate is not bound by the CA ruling and would recommend the prosecution of those responsible for Lozada’s abduction if needed.

The Court of Appeals has ruled that Lozada was not abducted and neither were his constitutional rights violated when he was escorted by airport security upon his arrival at the Ninoy Aquino International Airport last Feb. 5 from Hong Kong.

Associate Justice Celia Librea-Leagogo said Lozada’s wife Violeta and his brother Arturo, in their writ of amparo, failed to prove that he was taken against his will, or that his basic constitutional rights were violated.

Lozada had alleged he was picked up and forcibly taken by police in collusion with airport authorities to prevent him from testifying in the Senate’s NBN-ZTE inquiry.

The court said it was Lozada who requested Environment Secretary Joselito Atienza for security escorts to evade arrest by Senate security personnel for his non-appearance at the NBN-ZTE hearing.

The Association of Major Religious Superiors of the Philippines (AMRSP) assailed the decision.

"Of course, the CA will not admit the truth kasi to admit that Jun Lozada was abducted by government people would be admitting that the government is a danger to its very own people," AMRSP chairperson Sr. Mary John Mananzan said.

AMRSP gave shelter to Lozada and his family at a time when he feared for his life.

Mananzan said they were not surprised with the CA’s decision as it has already gained a reputation of being politicized.

"Extra-judicial killings and forced disappearances are being perpetrated by the government, including the case of Mr. Lozada, even if the CA denies that," she said.

Justice Secretary Raul Gonzalez said that the kidnapping charge filed by Lozada with the Department of Justice is as good as dead.

"Lozada’s complaint for kidnapping has weakened because of the CA decision, which is quite extensive. He filed the case here, using the same evidence. What kind of evidence would he use before us? Should we tell the justices (that they) don’t know how to appreciate evidence?" said Gonzalez.

Jose Manuel Diokno, counsel for Lozada in the kidnapping case, said the decision of the CA on the amparo case is not binding on the case lodged at the DOJ.

"The DOJ has to evaluate the evidence independently, it cannot rest on the CA decision," Diokno said.

Diokno said the proceedings at the CA and DOJ are different, and the evidence presented before these bodies should be evaluated based on their merits.

He said the crucial issue in the kidnapping case was the claim of respondents that their actions were part of a legitimate operation to protect Lozada and escort him out of NAIA-2, but this was not substantiated by government authorities.

Lozada, in an interview, said he does not regret the sacrifice that he made, and now he is bracing himself for another possible defeat in the kidnapping case that he filed at the DOJ.

"When we filed the case here we know it’s was good as dead. I am sure pag-pipyestahan nila ako dito. Pero di ko pinagsisisihan ang paglabas ko. Talo man nila ako dito sa korte ng tao, meron pa namang Diyos na maghuhusga sa lahat," he said.

PNP chief Avelino Razon Jr. said he is "very much" vindicated by the decision.

"It was clearly shown that there were no threats whatsoever on the life of Jun Lozada nor was there any case of kidnapping or frustrated murder."

Razon said he will not file counter charges against Lozada.

"We have shown that we were true to our mission of serving and protecting Mr. Jun Lozada and that incident was not actually kidnapping or frustrated murder," he said. – Dennis Gadil, Gerard Naval, Jocelyn Montemayor, Evangeline de Vera and Victor Reyes