Manila court defers issuance of order for transfer of Lozada

MANILA, Philippines – The Manila Metropolitan Trial Court has deferred the issuance of a commitment order for the transfer of national broadband scandal whistleblower Rodolfo Lozada Jr. to the Manila City Jail pending the resolution of a petition filed by senators for his release to Senate custody.

A source who declined to be named said Judge Jorge Emmanuel Lorredo of MTC Branch 26 wanted to hear first the petition of the senators before ordering Lozada’s transfer.

The senators led by Senate President Juan Ponce Enrile filed yesterday an “Urgent Ex Parte Motion” to release Lozada on recognizance of the Senate.

Senators Manuel Roxas II, Maria Consuelo “Jamby” Madrigal, Panfilo Lacson, Gregorio Honasan II, Benigno Aquino III, Rodolfo Biazon, Loren Legarda and Francis Escudero also signed the motion.

Enrile said the Senate should take Lozada under recognizance but would make him available to the courts if so ordered.

“We are fulfilling our promise to Jun Lozada that the Senate will not abandon him. I and the Senate will stand by the truth,” Roxas said.

The senators said Section 15, Rule 114 of the Rules of Criminal Procedure allows the release of a person in custody on “recognizance of a responsible person.”

“Considering that at the time of the issuance of the arrest warrant and Mr. Lozada’s actual arrest, Mr. Lozada was under the custody of the Senate of the Philippines and has been very cooperative and has not attempted to flee during the Senate investigations, it is only proper that Mr. Lozada be released from MPD custody on recognizance of the undersigned senators,” they pointed out in the motion.

The Manila RTC ordered the arrest of Lozada on April 29 for perjury. Former presidential chief of staff Michael Defensor filed the perjury case, claiming Lozada wrongly accused him – at a Senate hearing – of trying to stop him from appearing at a Senate Blue Ribbon committee hearing on the anomalous NBN-ZTE broadband network deal and at a Court of Appeals’ hearing on Lozada’s petition for a writ of amparo.

The hearing on the senators’ petition is set on Friday, May 8.

Lozada, on the other hand, will be arraigned for the perjury case by the same court on May 7.

With common criminals

Meanwhile, after staying for six days inside an office at the MPD, Lozada was transferred to a regular jail in the company of common criminals.

“I am now being moved to the cell together with what they call high-profile bank robbers, murderers, and drug dealers… I did not know that telling the truth under this administration is a heinous crime. Lies and plunder are virtues in our country,” said Lozada in a written statement read by Sr. Estrella Castalone, executive secretary of Association of Major Religious Superiors in the Philippines (AMRSP).

The nuns, who had accompanied him since his arrest last April 29, were barred from entering his cell.

Magtibay ordered the transfer of Lozada despite pleas from his lawyer Jose Manuel Diokno, Akbayan party-list Rep. Risa Hontiveros-Baraquel and Sr. Mary John Mananzan of AMRSP.

Lozada remains firmly against posting bail.

MPD director Chief Superintendent Rodolfo Magtibay said they had to transfer Lozada because his stay in the warrant and subpoena section was only temporary.

“I want to emphasize that no detainee shall be given special treatment here at the MPD,” Magtibay said.

Lozada shares his cell with 27 others.

Lozada, meanwhile, questioned the alleged involvement of several members of the Presidential Security Group (PSG) in his transfer.

Unsafe

Leah Navarro of the Black and White Movement said they are worried about the safety of Lozada.

She said they would put up a collection desk outside the MPD headquarters to raise P6,000 for Lozada’s bail.

Meanwhile, the wife of Lozada asked the Manila RTC to order MTC judge Mario Magdoza-Malagar to “desist from further proceeding with the perjury case” against her.

Violeta Lozada’s request was contained in a 19-page petition for certiorari and prohibition filed with RTC Judge Mercedes Posada-Lacap.

Mrs. Lozada was sued for perjury by Senior Superintendent Paul Mascariñas for allegedly making untruthful statements under oath in relation to her petition for a writ of habeas corpus before the Supreme Court.

Malagar had deferred the April 30 arraignment of Mrs. Lozada due to numerous unresolved motions filed by her lawyer.

Lawyer Melencio Sta. Maria of the Ateneo Human Rights Center said the issuance of a TRO may no longer be needed.

“It may not be necessary to issue a TRO anymore because Judge Malagar had already decided to defer the perjury hearings until this court resolves the questions on its merits,” he said.

Lozada’s ‘crucial role’

In separate resolutions, the senators cited the crucial role of Lozada in the Senate inquiry into the $329-million NBN-ZTE deal and how he “bravely testified and revealed the truth at the Senate hearings despite threats to his and his family’s lives and security.”

“Considering the invaluable contribution of Jun Lozada in the name of truth and justice when he courageously offered himself as a witness at the Senate hearings to blow the whistle and reveal his knowledge on the highly irregular and anomalous $329-million NBN-ZTE contract, it is only proper that Jun Lozada be released from MPD custody on recognizance of the Senate,” the motion read.

Escudero said he visited Lozada on Sunday to show his support for an ally against the administration.

“I visited him because he is a friend, a fellow Bicolano and an ally in the fight against this administration,” Escudero said.

Escudero added that he has also volunteered to provide legal assistance to Lozada and his wife.

“However unsolicited this may be, my advice is for Mike to consider dropping the complaint,” Escudero said.

No saint

Quezon Rep. Danilo Suarez, chairman of the House committee on oversight, said Lozada should stop projecting a holier-than-thou attitude because he is himself facing graft for alleged anomalous acquisition of equipment during his stint in government, particularly as president of Philippine Forest Corp.

“What is he (Lozada) trying to prove? My point is he has pending graft case so what makes him holy? Why should we give him due importance?” Suarez asked.

The graft case stemmed from the anomalous purchase of motor vehicles, fencing materials and other equipment worth P15 million from the P19-million fund intended for the jathropa project of PhilForest in 2006 and 2007.

The case is now pending with the Department of Justice. Suarez said it was a “more serious offense” because it involved malversation. He accused the whistleblower of “making a big fanfare about the perjury case he is facing before a Manila court.” – With Delon Porcalla, Nestor Etolle, Christina Mendez