Perjury raps vs Lozada dropped

MANILA, Philippines - The Manila Metropolitan Trial Court (MTC) dismissed yesterday the perjury charges filed by former presidential chief of staff Michael Defensor against national broadband network (NBN) deal whistleblower Rodolfo Noel Lozada Jr.

During the hearing, which took only a few minutes, Judge Jorge Emmanuel Lorredo of the Manila MTC Branch 26 said he was grateful that his prayers were answered when Defensor withdrew his complaint.

Lorredo even had a prayer for the “withdrawal of the case” before the start of court proceedings, aside from his usual morning prayer at the court.

Lozada extended his right hand to Defensor, but the latter refused to shake hands with the defendant.

Defensor said when Lozada tried to shake his hand, he told him, “Saka na lang tayo mag-usap. Yung ginawa mo sa akin sobra. Pati sa Court of Appeals niyari mo ako (Let’s talk some other time, what you did to me was too much, even at the Court of Appeals).”

“Ayaw ko kasing may nag-aaway sa korte (I don’t want parties fighting in court),” said Lorredo, after being shown the one-page Affidavit of Desistance filed by Defensor, which paved the way for the dismissal of the perjury case.

Lozada also told Defensor during the hearing: “You realized this (withdrawal of the complaint) would be better for your political career.”

In the affidavit of desistance certified by Assistant City Prosecutor Minerva Alejandria Bautista, Defensor said “after carefully evaluating and taking into consideration the suggestion of the Honorable Presiding Judge that I withdraw the case against the accused, I wish to state that I am no longer interested in its prosecution and thus prefer to desist from prosecuting it.”

Defensor said he signed the affidavit voluntarily and with full knowledge of his rights. He said he executed this document to attest to the truth of the foregoing and for the purpose of causing the dismissal of the case.

Lozada said in a statement that the past year has been terribly difficult for him and his family, a difficulty that continues up to the present and to the foreseeable future.

“A day like today is like rainfall after a very long drought,” said Lozada in his one-page statement.

He also said that he was glad this day has come.

Lozada said the withdrawal is obviously not a result of any fear of an unfair court ruling against one of the brightest stars of the administration, but rather a lame excuse to extricate his accuser’s principals in Malacañang of wasting precious political capital that is already being scraped off the bottom of the barrel.

He said that deception is a virtue, threats of violence and harm part of the job, and bribery is a reward for a day’s work in the Arroyo administration.

“This withdrawal is obviously not because my accuser has suddenly decided not to honor his children anymore. I am sure, being a father myself, that he loves his children dearly as I do mine. But it has just become another painful sacrifice to the altar of his patrons in Malacañang – a sad fact I have personally witnessed of how decent persons are forced to swallow their own principles and throw away the ideals of their youth in obedience to an immoral order from an illegitimate superior,” said Lozada.

Lozada told reporters after the hearing that he feels happy and sad that although he has won this one, he knows that the harassment will continue. He said he has to face 15 more cases filed against him in different courts.

Lozada expressed fear that even though the perjury case has been dismissed, the government would get back at him in other ways.

He claimed that “intelligence people” are again monitoring his movements. 

Defensor said that he would pursue his case in another forum. 

“I will be pursuing my case. My case is still valid. As I have written in my letter I don’t think I can find justice here. And this has become political instead of legal,” he said.

Defensor said what is important is that his name should be cleared before the Court of Appeals.

Defensor said Lozada also told a different story when he was in the Senate.

“I don’t have my own version of truth. My case is perjury. What Lozada said in the Senate is different from what he said in the Court of Appeals. In the Senate, I was there, but in the Court of Appeals, I wasn’t. How would I clarify the statements against me made in the Court of Appeals when I wasn’t there?” said Defensor.

Defensor also explained that aside from believing he would not get justice at the Manila MTC before Judge Lorredo’s sala, the case might even be used against him politically.