THE Supreme Court yesterday issued a writ of amparo directing government authorities to explain their actions on the "abduction" of NBN-ZTE deal prime witness Rodolfo Noel Lozada Jr. upon his arrival last Feb. 5 even as he was already released and is in Senate custody.

In a four-page resolution following a special en banc session, the high court also resolved to consolidate the petition for writ of habeas corpus filed by Lozada's wife Violeta and the writ of amparo filed by his brother Arturo, and referred the case to the Court of Appeals for hearing on Feb. 14.

The respondents were told to make a verified return of the writ in five days before Conrado Vasquez Jr., CA presiding justice.

The SC also directed President Arroyo, Executive Secretary Eduardo Ermita, PNP chief Avelino Razon, SPO4 Roger Valeroso and Manila International Airport security chief Angel Atutubo to comment on the petition for habeas corpus by Violeta.

On the habeas corpus petition of Violeta Lozada, SC spokesman Jose Midas Marquez said the Court has taken judicial notice of the fact that the Senate has already taken custody of her husband.

"Acting on the other petition for habeas corpus, the court will not require respondents anymore to produce the body of the subject, but they are required to submit their comment within a non-extendible period of five days from notice," Marquez said.

Lozada told Senate President Manuel Villar that he was not aware of the security preparations by the police upon his arrival.

Villar said Lozada was "fearing for his life" while in custody of those who picked him up.

He said Lozada had not asked for police security.

Blue Ribbon chair Alan Peter Cayetano is confident the Senate would be able to provide adequate security for Lozada.

Lozada is staying at Cayetano's office with his brothers Arthur and Jerry.

Villar and Cayetano said Lozada is free to do whatever he wants.

Senate President pro tempore Jinggoy Estrada challenged the government officials who allegedly conspired to abduct Lozada to pinpoint who ordered them to do so.

Estrada said Atutubo, PNP officials, the Presidential Security Group and the Bureau of Immigration should also be summoned for questioning.

Interior Secretary Ronaldo Puno said the De La Salle Christian Brothers should take the flak and not the PNP for not making public that they have custody of Lozada.

"Dapat sinabi nila na sa kanila natutulog, at sinabi rin nila na hindi kinidnap ng PNP. Ang masama ang PNP na naman ang ginawang whipping boy dito. Why did they not speak for two days?" Puno said.

"I am not saying this because I am a graduate of Ateneo," he said in jest.

Puno said they respect the Senate warrant but the PNP still has to protect Lozada due to perceived threats on his life.

Asked why the PNP did not yield Lozada to the team of Jaime Dimacali, Senate sergeant-at-arms deputy chief for operations, on Wednesday, Puno said: "Our only role is to provide security for him, provide him protection. He is under the custody of the De La Salle brothers".

PSPO'S SIDE

Senior Supt. Paul Mascariñas, deputy chief of the Police Security Protection Office, said in an affidavit that around noon of February 5, he was instructed by PSPO chief Chief Supt. Romeo Hilomen "to provide protective security to Jun Lozada who was scheduled to arrive at the NAIA at around 4:30 pm".

Mascariñas said he brought six of his men and they immediately coordinated with airport authorities.

"When Jun Lozada arrived, we immediately brought him to the tarmac and left NAIA," he said.

Mascariñas said Lozada wanted to go to his house in Pasig City but they discouraged him, saying his life could be put at risk.

"While thinking of a safer place to go we continued driving until we hit the south expressway and traveled back to Metro Manila," he said.

Mascariñas said Lozada was free to use his mobile phone.

The group ate dinner at an Outback Steak House where they met Lozada's legal counsel.

Mascariñas said Lozada asked that he be taken to La Salle Greenhills, where four of his sons are studying, to spend the night.

"Before proceeding to LSGH, I requested him to make a handwritten letter requesting for security detail in the absence of a typewriter which he did," Mascariñas said.

Lozada was then met by a Brother Felipe, his wife, five kids and sister Carmen at LSGH. His other relatives, brothers and sisters then arrived at LSGH.

Mascariñas said Lozada was free to move around LSGH and entertain visitors or make phone calls.

He said the PNP only provided perimeter and area security.

MIAA TO REVIEW FOOTAGE

Manila International Airport Authority (MIAA) general manager Alfonso Cusi said it would take some time to review the closed circuit television footage of Lozada's arrival as it contained many hours of surveillance.

An unofficial count shows that there are about six monitors along the route that Lozada and his escorts followed, from the moment he came out of the passenger tube, up to the time he boarded the vehicle at the tarmac.

Eyewitness said Atutubo and a PSPO officer approached Lozada the moment he came out of the plane.

The group entered the pre-departure area, walked the stairs to the departure concourse, and walked some distance to the elevator.

The elevator went down to the tarmac, where there were supposed to be an array of more close circuit televisions.

This series of events clearly showed that Lozada was not abducted, airport officials said. - Evangeline de Vera, JP Lopez, Jocelyn Montemayor, Raymond Africa and Jay Chua