SC upholds Senate's power to probe Lozada's disappearance in 2008

MANILA, Philippines - The Supreme Court (SC) has upheld the legality of the Senate’s probe into the disappearance of whistleblower Rodolfo Lozada Jr. in 2008 prior to his testimony on the botched $329-million national broadband network (NBN) deal of the previous administration with the Chinese firm ZTE Corp.

In an 11-page resolution dated Nov. 23, the high court said the Senate joint committee on Blue Ribbon, trade and commerce, and national defense and security did not abuse its authority in investigating airport and Philippine National Police (PNP) officials who were involved in the alleged attempt to prevent Lozada from testifying against the former first couple in connection with its investigation into the anomaly.

The court held that there was no grave abuse of discretion on the part of the Senate committees when they issued the invitations and subpoenas to several officials of the Manila International Airport Authority and PNP to appear in the hearings involving the botched NBN-ZTE deal and the disappearance of Lozada, who was considered as its principal witness.

The SC held that the power of Congress to conduct inquiries in aid of legislation is “broad” and is “essential and appropriate auxiliary to the legislative function.”

It added that the disappearance of a material witness to the investigation, which may be related to the anomalies being investigated, is relevant to the inquiry.

“Here, respondents’ 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 high court explained.

“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,” it added, citing the cases of Romero vs. Estrada and Sabio vs. Gordon as jurisprudence.

Still, the high court dismissed the petition seeking to annul and nullify the resolutions and subpoenas issued by the Senate joint committee for being moot.

Records showed that the Senate had summoned to the committee hearing on Feb. 11, 2008 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 Superintendent Atilano Morada, Police Security and Protection Office (PSPO) Chief Superintendent Romeo Hilomen, ASG civilian “consultant” Rodolfo Valeroso, Senior Police Officer 4 Roger Valeroso, SPO2 Glicerio Gallinera, SPO2 Jaime Halog, SPO3 Lou Ochea, Sr. Superintendent Paul Pueblos Mascariñas, SPO2 Nelson Malto, and PO1 William Quilalan.

However, only petitioners Razon and Mascariñas appeared at the hearing.

The Senate summoned the officials to shed light on the alleged abduction of Lozada, a former consultant of National Economic and Development Authority (NEDA) director general Romulo Neri, at the Ninoy Aquino International Airport (NAIA) in 2008.

Lozada, who decided to return from Hong Kong to testify in the anomalous NBN-ZTE deal, was supposed to have been fetched at the airport by elements of the Senate’s Office of the Sergeant-at-Arms following an arrest order issued by the Senate upon his arrival at the NAIA on Feb. 5, 2008.

However, he was intercepted by MIAA and PNP personnel who whisked him out of the airport and drove him towards Laguna.

Lozada said his military-looking escorts were only forced to return him to Metro Manila after his disappearance was reported by the media.

Then senator and now President Aquino had delivered a privilege speech urging the Senate to look into the circumstances surrounding the alleged disappearance of Lozada.

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 NBN project.