BY EVANGELINE DE VERA

JUSTICES of the Court of Appeals 17th Division yesterday said the declaratory relief order being sought by ZTE witness Rodolfo Noel Lozada Jr. may no longer be necessary since he is already covered by the Senate’s protective custody.

Justices Regalado Maambong, Celia Lealogo and Sixto Marella Jr. took turns in asking Lozada’s lawyers to clarify if the protection is an extension of the Senate’s protective custody or if they wanted him to be relieved from it.

Lozada lawyers insisted he is entitled to the court’s issuance of a protection order.

Lead counsel Reynaldo Princesa said Lozada is concerned that once the Senate concludes its investigation, he could be exposed to reprisal by those adversely affected by his disclosures.

"Our client doesn’t want to stay in the Senate’s custody. He wants a semblance of continuity of the mantle of protection. What protection will he have after the Senate hearing on the NBN is over?" Princesa said.

Princesa said while Lozada is testifying at the Senate, his family continues to receive death threats.

But Justice Lealogo pointed out that the CA could not act on mere allegations of threat and in the contingency of the Senate removing its protection over Lozada.

"What you are saying are just future contingencies. We cannot anticipate the future. The Court acts on judicial controversies and not on futuristic events," she said.

Neri Colmenares, another counsel of Lozada, said the declaratory relief should be granted despite the supposed technical flaws.

Colmenares argued the Supreme Court "surely did not intend for the writ of amparo to be a relief available only to the wife of the petitioner, since this would unduly subject her to harassment from the opposing party."

He also pointed out that Lozada has given his consent to his wife Violeta to file an amendment to the petition for amparo, which was originally filed by his brother Arturo.

The habeas corpus suit filed by Lozada’s wife has been consolidated by the Supreme Court with the petition for the writ of amparo filed by his brother.

The appellate court also decided to declare the petition for habeas corpus as moot and academic "since Lozada is no longer under unlawful restraint of respondents."

The Court directed the petitioners to submit the affidavits of witnesses for direct examination on February 21. Cross examination of witnesses will continue the next day.

The Office of the Solicitor General is representing respondents President Arroyo, Executive Secretary Eduardo Ermita, PNP chief Avelino Razon, Rodolfo Valeroso, Aviation Security Group action agent, and Brig. Gen. (ret.) Angel Atutubo, assistant general manager of the Manila International Airport Authority.

The OSG was likewise directed to formalize their motion to remove the name of President Arroyo from the list of respondents on the ground that in her incumbency, she is immune from suits.

‘WE LOVE JUN’

Upon his arrival at the hearing room, court personnel posed for pictures with Lozada and cheered him.

After the hearing, the personnel jostled for position for photographs.

While Lozada was being interviewed, the employees called out, "We love you" and "We love Jun."

Lozada told reporters that despite the mantle of protection of the Senate, he believes that there is still a serious threat to his life.

"Based sa experience ko when I got here (in Manila), inikot-ikot nila ako, I guess muntik na ko nu’n. So may threat talaga sa akin. Wala nang threat, baka tototohanin na," he said.

He said his family continues to receive text messages from anonymous senders claiming they know the whereabouts of his children and siblings, and where they hear Mass.

Asked if he could name the people who may want to harm him, he said: "Natural, kung sino ang mga nasasaktan sa ginagawa ko. Alam ninyo naman siguro. Marurunong naman ang mga Pilipino."

Lozada asked the media and the public to remain vigilant. "Pakiusap ko lang sana wag ninyo naman sayangin yung sakripisyo ko, yung halaga ng ginawa ko, kayo magbibigay ng halaga."