Senate gets custody of Lozada

MANILA, Philippines – Senate star witness Rodolfo Lozada Jr. pleaded not guilty yesterday and was remanded to the custody of the Senate on orders of the Manila judge hearing the perjury case against him.

In his order, Judge Jorge Emmanuel Lorredo of the Manila Metropolitan Trial Court Branch 26 denied all other motions and petitions for Lozada’s custody. Lozada wished to be under the custody of the senators, the judge said.

Lorredo ordered that Lozada be brought to court after he or the Senate has been served notice of the date of any hearing or whenever his presence is ordered by the court.

Senate President Juan Ponce Enrile said Lozada could stay under the care of the nuns and De la Salle brothers while in Senate custody.

“I think that’s a good arrangement so he would not have to go to jail, anyway (perjury) is bailable,” he said.

Enrile said Lozada could stay in hospital if he would need further treatment.

The Senate could provide security, he added.

However, he could not yet say if the Senate would provide Lozada with legal assistance, Enrile said.

Sen. Manuel Roxas II said the Senate continued to have jurisdiction over Lozada because the Jan. 30, 2008 arrest order against Lozada had not yet been revoked.

“Since it is actually because of the Senate that Jun Lozada has found himself in his current predicament... it is but proper that the Senate continues to ensure the safety and security and life of Jun Lozada by reasserting protective custody over him throughout the duration of the (NBN) case,” he said.

Detaining Lozada at the Manila police integrated jail would increase the threats to his life and security, Roxas said.

At Malacañang, deputy presidential spokesman Anthony Golez said there should be no problem with Lozada’s transfer to Senate custody as long as it is allowed under the law.

During his arraignment yesterday morning, Lozada pleaded “not guilty” to the charges before Lorredo.

His accuser, Philippine National Railways chairman Michael Defensor, was not present at the hearing.

Defensor is expected to return from abroad on May 21.

Retired Gen. Jose Balajadia, Senate sergeant-at- arms, said Lozada would be taken back to the Medical Center Manila until his health condition stabilizes. Thereafter, he would be taken to the Senate in compliance with the court’s order, he added.

In his order, Lorredo said it would be “cruel and inhuman” for Lozada to be detained at the Manila City Jail where his life would be at risk.

“If this court can order the transfer of an accused to a hospital when accused needs medical care, it can also order the transfer of the accused to a government institution where he is safest, especially when there’s reasonable ground to believe that there is a risk to his life,” read the order.

“In this particular case, the court is of the view that he is safest in the Philippine Senate, where the senators seem to be protecting him like some sort of national treasure, a treasure with valuable gems called truth.”

Lorredo said Lozada deserves the protection of the law.

“No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws,” read the order, quoting the Bill of Rights.

After the hearing, Lozada was brought back to the hospital for further treatment.

He would be brought to the Senate once his health has improved.

Wearing a white and green striped polo shirt, Lozada arrived in court at around 8:30 a.m. in the company of his wife Violeta and several nuns.

At his side were his lawyer Jose Manuel Diokno and Sister Mary John Mananzan of the Association of Major Religious Superiors of the Philippines.

Also in the court room were Senators Manuel Roxas II and Rodolfo Biazon, former Senate president Franklin Drilon, Bayan Muna Rep. Satur Ocampo and lawyer Neri Colmenares.

Before 10 a.m., the judge called for a recess. Several minutes later, he came out with the order granting the senators’ motion for Lozada to be released to them on recognizance.

Enrile and Roxas, along with Senators Jamby Madrigal, Panfilo Lacson, Gregorio Honasan II, Benigno Aquino III, Rodolfo Biazon, Loren Legarda and Francis Escudero have asked the court to release Lozada to them on recognizance.

Since his arrest last April 29, Lozada had been detained at Manila police headquarters on United Nations Avenue. He was later transferred to the Manila police integrated jail.

On Tuesday night, Lozada was taken to the Medical Center Manila after complaining of dehydration and difficulty in breathing.

Last April 30, Chief Inspector Rolando Balasbas of the Manila police asked the court for an order to detain Lozada at the Manila City Jail. – With Aurea Calica, Evelyn Macairan, Marvin Sy