CA: Lozada was not kidnapped

MANILA, Philippines – Whistle blower Rodolfo Lozada was not kidnapped as claimed by his brother, the Court of Appeals (CA) has ruled.

In an 84-page decision, the CA said Arturo Lozada had failed to show evidence that his brother was snatched by authorities upon his arrival at the Ninoy Aquino International Airport from Hong Kong last Feb. 5.

“With noon day clarity, this Court finds that the reason why Rodolfo was fetched at the airport was to help him avoid the Senate contingent, who would arrest and detain him at the Office of the Senate Sergeant-at-Arms, until such time that he would appear and give his testimony, pursuant to the order of the Senate on the NBN-ZTE project,” read the decision.

“Rodolfo clearly knew this because at that time, it was still his decision not to testify before the Senate. He agreed with that plan.”

The decision rejected Arturo’s petition for a writ of amparo to require authorities to identify who was behind Rodolfo’s alleged kidnapping and to issue a temporary protection order for him.

In the decision, the CA said Rodolfo asked Environment and Natural Resources Secretary Lito Atienza to provide him with security escorts upon his return from Hong Kong to evade possible arrest by Senate security personnel.

Rodolfo knew fully well that an arrest warrant had been issued by the Senate for his failure to appear at the scheduled Senate hearing on the NBN-ZTE scandal, the CA added.

The CA said Rodolfo voluntarily went with his police escorts headed by retired Gen. Angel Atutubo, Manila International Airport Authority assistant general manager for security; and Senior Police Officer 4 Roger Valeroso, an agent of the Aviation Security Group of the Philippine National Police.

“This Court does not find any evidence on record that Rodolfo struggled or made an outcry for help when he was allegedly ‘grabbed’ or ‘abducted’ at the airport,” read the decision.

“Rodolfo even testified that nobody held him, and they were not hostile to him nor shouted at him. From the foregoing, we are not convinced that Rodolfo’s right to life, liberty and security was violated and that his right to life, liberty and security was threatened or continued to be threatened with violation by alleged unlawful act/s of the respondents.”

Rodolfo was determined not to testify before the Senate on the NBN-ZTE scandal when he arrived on Feb. 5, the CA added.

The CA said Rodolfo only changed his mind on the night of Feb. 6 at 11 p.m. after talking with Bishop Broderick Pabillo, Auxilliary Bishop of Manila who came to see him at the De La Salle in Greenhills, San Juan.

Rodolfo allowed his police escort to remain at the vicinity of De La Salle until Feb. 7, before he held a press conference detailing his knowledge about the NBN-ZTE scandal, the CA added.

The CA said the filing of graft, malversation and theft charges against Rodolfo cannot be considered as a threat to his life and liberty by the respondents.

“Said purported cases are to be determined based on their own merits and are clearly beyond the realm of the instant amparo petition filed against the respondents,” read the decision.

The decision was written by Associate Justice Celia C. Librea –Leagogo of the CA’s former 17th Division

Concurring with the ruling were Associate Justices Regalado Maambong and Sixto Marella, Jr.

Rodolfo Lozada, former chief executive officer of Philippine Forest Corp. exposed alleged anonalies in the $329-million national broadband network deal between the government and Chinese firm ZTE Corp.

Last Feb. 6, Arturo filed a petition before the Supreme Court for the issuance of a writ of amparo in behalf of Rodolfo.

Arturo claimed that his brother was snatched at the Ninoy Aquino International Airport terminal after returning from a trip abroad.

Named respondents were President Arroyo, Executive Secretary Eduardo Ermita, Philippine National Police chief Director General Avelino Razon Jr, Ninoy Aquino International Airport security chief Angel Atutubo and Senior Police Officer 4 Roger Valeroso.