MANILA, Philippines – Senate star witness Rodolfo Lozada Jr. got his passport back during the hearing of his petition for a writ of amparo before the Court of Appeals (CA) yesterday.
The passport, which expires on Oct. 12, 2012, was returned by Eric Santos, lawyer of government agent Rodolfo Valeroso, whom Lozada had accused of kidnapping him.
Santos said Valeroso, an agent of the police Aviation Security Group, was reluctant to surrender the passport to the Senate because he wanted to ensure that Lozada would get it.
Lozada said Valeroso, a retired Army master sergeant, took his passport when he was supposedly forcibly brought out of the Ninoy Aquino International Airport upon his arrival from Hong Kong on Feb. 5.
During the hearing, the passport was shown to Lozada, who affirmed that passport No. XX0002496 belongs to him.
The passport was issued in Manila on Oct. 9, 2007 and would expire on Oct. 8, 2012.
After examining his 43-page passport, Lozada said it did not bear a re-entry stamp from the Bureau Immigration to show that he had returned to the Philippines on Feb. 5.
Edwin Lacierda, one of Lozada’s lawyers, told reporters that this would bolster the allegations of his client that Valeroso and the armed men with him had kidnapped him.
“On page 7 of the passport, we saw that there were stamps of Lozada’s departure from the Philippines, his arrival in Hong Kong, and his departure from Hong Kong,” he said.
“But there was (no stamp indicating) his arrival in the Philippines. There was no stamp of Immigration authorities. There was no stamp of Mr. Lozada having passed through Immigration authorities.”
It confirms the testimony of Mr. Lozada that he was abducted by Valeroso and company, Lacierda said.
Lozada’s wife Maria Violeta Cruz-Lozada was the first witness presented by the petitioners during the two-hour hearing.
Sensing that she was nervous, CA Justice Regalado Maambong told her not to be afraid, and that everyone in the room were her friends.
The Office of the Solicitor General led by Assistant Solicitor General Amparo Tang was unable to finish its cross examination since it was already lunchtime.
From the testimony of Violeta, it was deduced that she was at La Salle Greenhills and was not present at the airport when her husband arrived at 4:30 p.m. on Feb. 5.
She also denied that President Arroyo or the other respondents in the case – Executive Secretary Eduardo Ermita, Philippine National Police chief Director General Avelino Razon Jr., NAIA assistant general manager for security Angel Atutubo, and Valeroso – personally threatened her.
However, Violeta said her husband continues to receive threats through text messages.
Violeta said her husband told her that he did not want to appear before the Senate.
They received the subpoena to appear before the Senate on Jan. 25 and he immediately called his superior, Environment Secretary Lito Atienza, she added.
Violeta said her husband left the country on Jan. 30, and that his return ticket was for Feb. 1.
However, when she asked him during one of their conversations if he would be able to come home on Feb. 1, he replied, “Di pa ko pinauuwi (I am not yet allowed to go home yet),” she recounted.
Violeta said she is used to seeing her husband go on work-related trips.
“On Jan. 29, the night before he left, he told me he did not want to go to the Senate, and that they asked him to go to Hong Kong,” she said.
“He said that just in case he does not come home, I would have to take care of my kids. So I know for a fact that he was so afraid.”
She then broke down in open court.
Lozada, escorted by men from the Office of the Senate Sergeant-at-Arms, arrived at the CA at 9:45 a.m. Lozada said about 70 percent of the text messages he has recently been receiving was in “bad language.”
“You know what, lahat ng pinadalhan niyan tumatawag, sabi nila, sir may negative text pinadala sa inyo, hindi kami naniniwala (all those who received those negative texts call and tell me they do not believe), we continue to support you. So I guess the Filipinos are smart enough not to believe,” he said.
“If I wanted to have money I would have just taken the government’s offer. Mas malaki yun, wala pa akong sakit ng ulo, tahimik pa buhay ko. Baka Cabinet secretary na ako (It was a big amount, I wouldn’t have any headaches and my life would be peaceful. I might even be a Cabinet secretary),” he added in jest.
It was agreed that the petitioners would submit the affidavit of Lozada to the CA on Wednesday and file their comment on the government’s claim of President Arroyo’s immunity from suit on Feb. 26.
The OSG will file a comment on the motion for temporary protection order and production of documents on Feb. 26 and a supplemental return within five days.
Other witnesses to be presented by the petitioners are Lozada’s elder siblings Carmen and Arturo, an unidentified witness and Lozada himself.
The CA has scheduled other hearings on March 6 at 10 a.m, March 11 at 2 p.m., March 12 at 10 a.m., March 13 at 2 p.m. and March 26 at 10 a.m.