Press Release
September 15, 2008

CA decision on Lozada case 'Lamentable'--Kiko
Magistrates 'deaf' and 'blind'

Senate Majority Floor Leader and judicial reform advocate Kiko Pangilinan today questioned the Court of Appeals (CA) decision rejecting the petition for Writ of Amparo filed by the brother of whistle blower Rodolfo "Jun" Lozada for his protection.

"Amidst all the missing activists, the extrajudicial killings we get this CA decision. The ruling is most unfortunate. It has turned a blind eye and a deaf ear to the excesses, the abuses and the arrogance of those in the Executive Department," stressed Kiko.

In the said petition dated Feb. 6, Arturo Lozada claimed that the former chief executive officer of Philippine Forest Corporation was kidnapped by PNP officials upon his arrival from Hong Kong at the Ninoy Aquino International Airport on Feb. 5. The CA, however, noted that Lozada had requested Environment and Natural Resources Secretary Lito Atienza for security to avoid testifying before the Senate regarding the NBN-ZTE project.

"The CA decision is lamentable. Lozada should appeal to the SC which promulgated the new rules on Amaparo," suggested the Senator. "If the writ of Amparo cannot be availed of for the protection of Lozada, then it cannot protect anyone. If this is so, it should be thrown to the garbage can for being a useless rule, toothless and inutile. The whole country saw how Lozada was taken against his will; how a lawyer was forced upon him and how he was made to sign documents under duress. The entire nation saw how the government lied about the incident from the deputy executive secretary, to the PNP, to the Cabinet Secretaries and the airport officials. The people saw how even the PSG was involved and how the government was fumbling with their words trying to explain the inexplicable. Yet the CA ignored all that and said that Lozada is in no need of government protection under the Writ of Amparo."

In light of bribery charges against CA justices in the MERALCO-GSIS case, Kiko further emphasized that the decision is another blow to the integrity of the court. He concluded: "The Writ of Amparo was meant to protect citizens from the abuses of the government and yet in this most celebrated case, Lozada didn't get any. Kawawa naman ang mga simpleng mamamayan na dudulog sa korte para maproteksyunan ng Writ of Amparo. Kung si Lozada, hindi napagbigyan, ano pa kaya ang aasahan ng mga ordinaryong mamamayan?"

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