UPON ARRIVAL AT NAIA
Gov’t grabbed witness in NBN deal--sources
Lozada met by airport men, whisked off via tarmac
By Dona Pazzibugan, Tarra Quismundo
Philippine Daily Inquirer
First Posted 00:53:00 02/06/2008
- MANILA, Philippines -- A crucial witness to the scandal-tainted National Broadband Network (NBN) deal between the Arroyo administration and China’s ZTE Corp. was seized by airport officials as he returned to Manila Tuesday, airport sources told the Philippine Daily Inquirer.
An arresting team sent by the Office of the Senate Sergeant at Arms (OSSA) saw neither hide nor hair of Rodolfo “Jun” Noel Lozada Jr. after airport officials got to him first in an apparent breach of airport security procedures.
According to airport sources, the officials sneaked Lozada, the president and CEO of Philippine Forest Corp., out of the airport as soon as he arrived on business class via Cathay Pacific flight CX-919 at 4:40 p.m.
Lozada, along with former Socioeconomic Planning Secretary Romulo Neri, is the subject of an arrest warrant issued by the Senate blue ribbon committee.
Sen. Benigno Aquino III, who joined the OSSA team at the airport, said Lozada sent a text message to a brother early Tuesday night saying he was accosted at the airport and taken somewhere “out of town.”
The brother, Arthur Lozada, was with the OSSA team leader who had tried to serve the arrest order on the witness.
“Nag-text daw. Dinukot siya, may kumuha sa kanya at dinala siya out of town na hindi niya alam kung saan. Ipaalam daw sa media,” Aquino told reporters, relating his conversation with Arthur Lozada.
In an interview over radio dzMM, Lozada’s sobbing wife appealed to whoever was holding her husband to release him.
“I just want my husband back. I just want my husband back. Please, ibalik n’yo na ang asawa ko,” said Violet Lozada.
Asked by program hosts Anthony Taberna and Gerry Baja if her husband had told her why he had suddenly come home, she reiterated: “Ibalik nyo na ang asawa ko, ibalik nyo na sa amin.”
Also over dzMM, Lozada’s elder sister Carmen expressed the family’s anxiety: “Now the whole family is worried; I am very worried. Our concern now is, where is Jun, what has happened to him? How come the [Senate] arresting officer did not get him?”
Carmen Lozada said the family would rather have her brother taken by the Senate. She said Lozada called up his family from the airport to say that he was coming home.
“He was frightened for his family,” she told dzMM. “The last time I talked to him, it was like he was leaving his fate to God.”
She also said her brother had insisted on coming home and was not on the run: “Hindi siya tumatakbo. Kaya siya umuwi ... hindi siya pwedeng mag-stay kung saan-saan. Kasi Pilipinas ang bayan niya.”
Ranking officials
Airport insiders reported seeing retired Gen. Angel Atutubo, the airport security chief who is known to be close to the First Family, and Octavio “Bing” Lina, terminal manager of Ninoy Aquino International Airport Terminal 1 (NAIA-1), with Lozada as he was being taken out of the terminal.
Neither official could be reached starting in the afternoon until early evening Tuesday.
OSSA staff and other Senate security personnel who were sent to take custody of Lozada did not see him among the passengers who took the normal route from the arrival gate through the concourse, past the immigration counters and then on to the baggage conveyors.
They were only granted lobby access to the terminal, a long walk away from the arrival gate.
“The brother said somebody [whom he did not know] picked him up.... They spoke on the phone... Now he can no longer be reached. Pero nakatuntong ng Pilipinas (But he was able to set foot in the country)...” said Fr. Jesus Malit, a family friend who had come to the airport in a “show of moral support” for Lozada.
Said Edwin Lacierda, legal counsel of the civil society group Black and White Movement (BWM) who had gone to the airport to make sure that Lozada was promptly taken into Senate custody: “His wife (Violet) is distraught. The family did not expect this to happen. The arrangement was that he was going to be delivered to the Senate.
“This is obstruction of justice, defying a lawful order from the Senate. If it is proven that he was taken against his will, it could be kidnapping.”
Supreme Court order
As it happened, the OSSA was twice thwarted Tuesday, with the Supreme Court handing down an order stopping Neri’s arrest.
The high court’s status quo ante order directs the Senate to observe the circumstances prevailing before it handed down the arrest warrant on Neri, while the tribunal deliberates on his petition questioning the warrant and seeking to stop the Senate from citing him for contempt for failing to appear at the chamber’s inquiry into the NBN-ZTE deal.
“I consider it a triumph of the rule of law and we have the Supreme Court to thank for it,” Neri said in a text message to the Inquirer.
He said that with the high court’s ruling, he would return to work on Wednesday.
Neri, who headed the National Economic and Development Authority when the NBN-ZTE deal was approved and is now chair of the Commission on Higher Education, filed his petition against the Senate in December.
Last week, he filed a supplemental motion to annul the arrest warrant that the Senate had issued.
Oral arguments on Neri’s petition are scheduled on March 4. The respondent Senate committees have been told to comment on the petition in 10 days.
As for Lozada, Supreme Court spokesperson Jose Midas Marquez said the tribunal’s order did not apply to him.
Only in Hong Kong
Neri and Lozada were ordered arrested by the Senate blue ribbon committee for failing to appear in last week’s hearing, where they were expected to testify on the since scrapped NBN-ZTE deal.
Lozada left the country for a reported official trip to London on Jan. 30, just a few hours before he was to face the Senate. But sources said Lozada only stayed in Hong Kong.
He was known to have counseled NBN-ZTE deal whistle-blower Jose “Joey” de Venecia III in drafting his build-operate-transfer proposal for the NBN project, and was also adviser for Neri, also a vital witness.
Both Neri and Joey de Venecia had implicated President Gloria Macapagal-Arroyo’s husband, Jose Miguel Arroyo, and then Commission on Elections Chair Benjamin Abalos in the deal allegedly tainted by bribery and overprice. Both have repeatedly denied the accusations.
Parked on the tarmac
An airline staff member said “somebody assisted” Lozada at the arrival gate but was mum on where he was taken.
According to the report related by the OSSA to Sen. Alan Cayetano, Lozada was met by unknown persons as he emerged from the plane, was taken down through a side exit of the tunnel that connects the plane and the passengers’ arrival area, and was whisked into a vehicle parked right at the tarmac.
Lozada no longer passed through immigration and customs check.
“Don’t tell me they can do that at the airport without a higher-up involved,” Cayetano said after talking to Senate Sergeant at Arms Jose Balajadia over the phone minutes after Lozada’s plane landed.
Cayetano chairs the Senate blue ribbon committee.
Sources said Lozada was first taken from the arrival gate up to the departure area, and then to an elevator that went straight to the airport’s ramp area. A waiting vehicle then took him toward the direction of the Villamor Air Base in Pasay City, which has roadways connected to the NAIA.
Minutes before Lozada’s arrival, Lina even exchanged jokes with reporters waiting at the arrival concourse and asked: “Who are you waiting for here?”
Asked whether the OSSA staff would take custody of Lozada as soon as he emerged from the plane, airport operations officers said the arresting team “did not coordinate” with NAIA authorities.
Villar’s appeal
In a statement, Senate President Manuel Villar said he had received a call from Lozada’s wife expressing fears for the witness’ safety and asking for the Senate’s help to make sure that he was out of danger.
“We demand from the [NAIA] and immigration officials a full account of Mr. Lozada’s arrival in the airport where he was reportedly kidnapped,” Villar said, adding:
“If it is true that Lozada is being detained against his will, we urge whoever is keeping [him] to produce him and turn him over to the Senate...”
Reached by phone, BWM executive director Leah Navarro said Lozada was “coming home because he couldn’t take it anymore.”
“We are scared for his life. His wife is freaking out. She is thinking he’s dead. If something bad happens to him, we know who to blame. He couldn’t take it anymore,” Navarro said.
Buying time
Senators earlier said they would respect the Supreme Court’s status quo ante decision.
Cayetano said Neri had just bought himself some time, but that he would eventually be compelled to appear before the Senate.
“We respect and we’ll follow the status quo ante order. We welcome the opportunity to clarify the boundaries between Malacañang and the Senate, but we are confident the long line of decisions of the Supreme Court will be upheld, that the Senate has the power to compel people to testify,” he said.
With reports from Leila B. Salaverria, Kristine L. Alave and Christine O. Avendaño