SC affirms Senate authority to probe Lozada ‘abduction’

The Supreme Court has affirmed the Senate’s authority to probe Philippine National Police and airport officials over the alleged abduction of Engineer Rodolfo “Jun” Lozada, purportedly to prevent him from testifying against former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo over the anomalous $329-million national broadband network deal with the Chinese firm ZTE Corp.   The Court en banc issued an 11-page resolution junking the petition filed by the PNP and MIAA officials alleging grave abuse of discretion on the part of the joint Senate committees (Blue Ribbon, Trade and Commerce, and National Defense and Security) for conducting inquiries in aid of legislation and issuing summons and subpoenas to certain individuals to appear in its hearings.   Lozada, the principal Senate witness in the NBN-ZTE botched deal, had earlier claimed that he was abducted by police and airport personnel last Feb. 5 upon his arrival at the Ninoy Aquino International Airport from a “vacation” in Hong Kong upon prodding by his friend and Arroyo supporter Mike Defensor.   The high court ruled that the Senate may call on the police and airport authorities to testify on the disappearance of a material witness to the investigation.   “Here, respondents’ (Senate) inquiry on the conduct and involvement of petitioners and intervenors as public officials and employees in preventing a material witness from appearing and testifying at the committee hearings on the NBN-ZTE deal, bears serious implications on the Senate’s inquiry on the said deal,” the court said.   “Thus, respondents committed no grave abuse of discretion in compelling the appearance of petitioners to testify at the committee hearings which are conducted in aid of legislation,” ruled the high court.   Summoned  to appear at the Senate joint committee hearing on Feb. 11, 2008 were former PNP Director General Avelino Razon, Jr., former Manila International Airport Authority (MIAA) assistant manager for security Angel Atutubo, Engineer Octavio Lina, PNP Aviation Security Group (ASG) Chief Supt. Atilano Morada, Police Security and Protection Office (PSPO) Chief Supt. Romeo Hilomen, ASG civilian “consultant” Rodolfo Valeroso, SPO4 Roger Valeroso, SPO2 Glicerio Gallinera, SPO2 Jaime Halog, SPO3 Lou Ochea, Sr. Supt. Paul Pueblos Mascariñas, SPO2 Nelson Malto, and PO1 William Quilalan.   But among these officials, only petitioners Razon and Mascarinas appeared at the hearing.   The SC declared as “moot”, however, the petition seeking to annul the resolutions, subpoenas and other processes issued by the Senate joint committee requiring the police and airport officials to testify on the NBN-ZTE anomalous deal.   Citing earlier jurisprudence, the high court held that it has no authority to prohibit a Senate committee from requiring persons to appear and testify before the legislative body in an inquiry in aid of legislation in accordance with the Senate’s duly established rules of procedure.   The SC even stressed the importance of the duty of those subpoenaed to appear before the legislature even if incidentally incriminating questions are expected to be asked.   Records show that upon his arrival at the NAIA in February 2008, Lozada was about to be fetched by then Senator and now President Benigno Aquino III, together with elements of the Senate's Office of the Sergeant-at-Arms and one of Lozada’s brothers.   However, Lozada was intercepted by MIAA and PNP personnel who whisked him out of the airport and took him on a road-trip as far as the province of Laguna before returning him to Metro Manila.   Lozada said his escorts, whom he described as looking like members of the military, were only forced to let him resurface shortly after the media reported his disappearance.   Aquino, then as senator, delivered a privilege speech urging the Senate to look into the circumstances surrounding Lozada’s alleged abduction.   Then on Feb. 8, 2008, Lozada appeared before the Senate and accused the Arroyos and several of their allies of receiving bribe money in order to favor ZTE in the national broadband network project. — MRT/VS, GMA News