BY DENNIS GADIL

SENATE sheriffs yesterday failed to arrest Romulo Neri, chairman of the Commission on Higher Education, at his office in Ortigas, Pasig City or at his house in Sta. Mesa Heights in Quezon City.

A team from the Senate’s Office of the Sergeant-at-Arms arrived at the CHEd office on Meralco avenue Neri’s shortly before lunch but was told by staff members that Neri did not report for work.

The staff declined to receive the arrest warrant for Neri.

The Senate on Wednesday ordered the arrest of Neri and his friend Rodolfo Noel Lozada Jr. for snubbing its inquiries on the $329-million broadband deal with Chinese firm ZTE Corp.

Lozada, who is reportedly privy to the broadband deal, is president of Philippine Forest Corp., a subsidiary of the government-owned Natural Resources Development Corp.

He flew to the United Kingdom Wednesday when he was supposed to appear before the Senate probe led by the Blue Ribbon committee.

A separate team from Senate’s sergeant at arms office went to Neri’s house in Siena Village in Sta. Mesa Heights, Quezon City but did not find him.

Neri, who is also acting chair of the Presidential Task Force on Education, did not appear in yesterday’s education congress at the Manila Hotel where he was supposed to deliver a speech on education reforms.

Neri, in an interview with ANC television, said he went to Malacañang yesterday.

In the phone-patch interview, Neri belied reports he has executed an affidavit and made a videotape detailing anomalies surrounding the broadband deal. The affidavit and videotape would supposedly be released if something bad happens to Neri or Lozada.

Neri was former director general of the National Economic Development Authority which reviewed the allegedly anomalous ZTE deal.

OSSA members also went to Lozada’s office in Fort Bonifacio to serve the warrant. Lozada was a consultant of Neri when the latter was still NEDA secretary.

‘IN AID OF POLITICS’

Malacañang deplored the Senate’s issuance of the arrest warrants.

"This is clearly not in aid of legislation but in aid of politics-as-usual," said Press Secretary Ignacio Bunye.

Bunye said many hearings have already been conducted but the public has yet to see the remedial legislation that the Senate intends to propose.

He said hearings on a contract that has long been cancelled, like the ZTE deal, even if the witnesses have said all they need to say, "distract the nation from its urgent business and disturb the momentum for growth and social reforms."

Chief presidential legal counsel Sergio Apostol said Neri will file a motion for reconsideration at the Senate. Afterwards, the Palace could be open for negotiations on dropping the arrest warrants.

"We would initiate it (talks) na sana magbago na sila ng stand sa amin. We are always open to talks. Sila lang ang mahirap kausapin na sana i-drop na nila yang warrant," he said.

He said he was informed that only Senators Allan Peter Cayetano, Blue Ribbon chairman, and Rodolfo Biazon want Neri and Lozano arrested.

"In the meantime, we would stand on our ground to use the Supreme Court vs. Ermita case," he said.

RETURN GUARANTEE

Sen. Juan Ponce Enrile said he would withdraw his motion for the arrest of Lozada if Sen. Panfilo Lacson could guarantee his return to the country to testify before the Senate.

Lacson had apparently convinced Lozada to testify but the latter had to back out after allegedly receiving death threats.

Enrile also took exception to insinuations that he moved for the arrest warrant to force Lozada to flee the country and avoid facing the Senate.

"I don’t play the game that way. I don’t like insinuations that I’m part of a conspiracy," he said.

Enrile admitted receiving a handwritten fax message from Lozada, wherein the latter belied reports he talked with the media about the NBN-ZTE deal.

The message dated January 30 was transmitted at "23:52" from a Malacañang fax machine.

"The reported incidents are malicious fabrications and certainly never came from me," Lozada said.

DUE COURTESY

Senate President Manuel Villar, who signed the arrest warrants, said the Senate would to continue find Neri and Lozada.

Villar said the Senate OSAA still has copies of the arrest order and can serve them at any time.

He reiterated his assurance to Neri and Lozada that they will be treated with respect in custody. He said he is willing to let his office to be holding area for the two.

Majority leader Francis Pangilinan said Neri’s request for a reconsideration of his arrest order "should be denied outright."

"It would be better for him to prepare to answer our questions instead of attempting to further delay the proceedings with this request. This is bad advice from his lawyers because it only serves to test the patience of the senators who have bent over backwards way too much in his case," Pangilinan said.

Lacson, meanwhile, filed Senate Bill 2040 that seeks to encourage and reward whistleblowers and punish those who prevent them from testifying in congressional hearings.

"This may well be a challenge to Malacañang. If it is serious in fighting corruption as it claims to be, it should certify the bill as urgent," Lacson said.

Lacson said he received information that Lozada did not testify because of pressure – including threats and "incentives" – from the Palace.

Justice Secretary Raul Gonzalez urged the Supreme Court to act on Neri’s petition to avert a possible constitutional crisis between the legislature and the executive branches.

The petition filed last December seeks to stop the Senate from citing him in contempt.

Gonzalez said the tiff between the Senate and the executive could escalate "beyond control," resulting in the disruption of government processes.

Gonzalez said before arresting Neri, the Senate should first file a verified complaint for indirect contempt against him before the high court, which already has jurisdiction over the official’s petition.

"They should charge the fellow (Neri) in court. I don’t think the Senate can be the judge and jury at the same time," he said, adding that even if the SC has not granted the petition for a temporary restraining order, the lower courts, in this case the Senate as a judicial body, must recognize the existence of the case before the tribunal.

HEROES

The Church-based social justice group Solidarity Philippines asked Neri and Lozada to shrug off the death threats and tell the public everything they know.

Solidarity convenor Fr. Joe Dizon said: "They should come and speak out the truth. This is a defining moment for them. By doing so, they save their lives and souls because it is their best protection for their lives," Dizon said.

"In doing so, they will not only be heroes. They will be among those men in our country and race has produced that we can be proud of. It is a gift that they should not waste," he added.

Asked who he thinks is threatening the lives of Neri and Lozada, Dizon pointed to President Arroyo.

"Because it is GMA and her cohorts who are the ones in the country, today who do not want the truth (to come out)," he said. – With Regina Bengco, Evangeline de Vera and Gerard Naval