CA junks habeas petition of Lozada’s wife
The Court of Appeals dismissed yesterday the habeas corpus case filed by whistleblower Rodolfo Noel Lozada’s wife as being “moot” because he has surfaced and is now in the custody of the Senate.
In hearing the petition for a writ of amparo, the CA is expected to determine whether Lozada’s rights were violated and if there is a continuing threat to his life, liberty and security.
It set another hearing on Feb. 21, during which time Lozada’s lawyers said they will present two witnesses to support the allegations that their client’s life is danger.
The Senate’s star witness in the NBN-ZTE probe was mobbed by court employees who posed for pictures and cheered, “We love you, Jun!” when he showed up at the CA in Manila for the hearing of his petition for a writ of amparo yesterday.
Associate Justices Regalado Maambong, Celia Lealogo and Sixto Marella Jr. of the CA’s 17th Division ordered Lozada’s lawyers to clarify if the protection order he is seeking is to extend the Senate’s protective custody or to relieve him of it.
“Our client doesn’t want to stay in the Senate’s custody,” Lozada’s lawyer Reynaldo Princesa said.
“He wanted a semblance of continuity of the mantle of protection. What protection will he have after the Senate hearing on the NBN is over?”
Even as Lozada was testifying at the Senate, he and his family continued to receive death threats, depriving him of leading a normal life and enjoying his right to liberty and security, Princesa said.
In response, Lealogo said the CA could not act on mere allegations of threat and on the contingency of the Senate removing its mantle of protection over Lozada.
“What you are saying are just future contingencies,” she said.
“We cannot anticipate the future. The Court acts on judicial controversies, not on futuristic events.”
The justices said the petition did not comply with the requirement of the rule on the writ of amparo that it should have been filed by the spouse, children or parents and must follow the hierarchy of affinity or consanguinity of the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions, the justices added.
Neri Colmenares, Lozada’s other lawyer, said the declaratory relief sought by Lozada should be granted despite the supposed technical flaws since the rules on amparo is still a developing policy of the judiciary.
The Supreme Court did not intend for the writ of amparo to be a relief available only to the wife of the petitioner, since this would unduly subject her to harassment from the opposing party, he added.
Lozada has given his consent to his wife Violeta to file an amendment to the petition for amparo, which was originally filed by his brother Arturo, Colmenares said.
The habeas corpus suit filed by Lozada’s wife has been consolidated by the Supreme Court with the petition for the writ of amparo.
The CA has ordered Assistant Solicitor General Amparo Tang to make a return of the writ of amparo today.
It directed the petitioners to submit on Feb. 21 the affidavit of witnesses for direct examination.
Cross examination of witnesses will continue at
Before the hearing, Lozada told reporters he feels that his life is still in danger, although he is under the Senate’s protection.
“Based sa experience ko, when I got here (in
“So may threat talaga sa akin. Wala nang threat, baka tototohanin na.”
Lozada said his family continues to receive text messages from anonymous people claiming to have knowledge of their daily movements.
He was afraid these people also know about the safe house where he is now staying, he added.
Lozada said this is why he is asking the CA to issue protection orders that would enjoin the respondents in his petition from taking custody of him.
He will be very vulnerable to attack once the Senate concludes its investigation, he added.
Asked to name the people who would want to harm him, Lozada said in Filipino, “Naturally, those who were hurt by what I did. You know who they are. Filipinos are smart.”
Named respondents in the writ of amparo case were President Arroyo, Executive Secretary Eduardo Ermita, Philippine National Police chief Director General Avelino Razon Jr., Aviation Security Group agent Rodolfo Valeroso and Manila International Airport Assistant General Manager for Security Angel Atutubo.
Representing them is the Office of the Solicitor General.
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