BY JP LOPEZ

THE Senate yesterday ordered the arrest of Commission on Higher Education chair Romulo Neri and "close friend" Rodolfo Noel Lozada Jr. for snubbing its inquiries on the $329 million broadband deal with Chinese firm ZTE Corp. that was cancelled by President Arroyo last year.

Thirteen senators signed the contempt citation and arrest order against Neri.

Sixteen senators signed the arrest order for Lozada, president of Philippine Forest Corp., a subsidiary of the government-owned Natural Resources Development Corp.

Lozada, who suddenly flew to the United Kingdom via Hong Kong yesterday morning, was reportedly privy to the broadband deal from Day One.

His departure brought back memories of former agriculture undersecretary Jocelyn "Joc Joc" Bolante who flew out of the country on the day he was to appear at a Senate hearing on the P700 million fertilizer scam. Bolante is now in a US federal facility pending hearings on his status because his US visa was cancelled, supposedly as part of the US effort against corruption in government.

Lozada was ordered arrested for his failure to appear and testify in the joint committees’ hearing last year and yesterday despite personal notice and subpoena

Neri was ordered arrested despite subpoenas and summonses issued against him for four consecutive hearings.

He is set to file a motion for reconsideration.

Neri and Lozada were ordered arrested "within 24 hours" from the issuance of the warrant.

The Senate sergeant-at-arms was instructed to remand them to the custody of the Senate.

A source said Lozada dealt on the technical aspect of the project.

"When asked the right question and forced to answer questions, he would spill the beans," the source said.

Neri has said Malacañang dissuaded him from appearing in previous public hearings of the Senate Blue Ribbon committee.

Neri has told the Senate that he informed President Arroyo of the alleged P200-million bribe offer from then Elections chairman Benjamin Abalos in exchange for endorsing the approval of the NBN project.

Neri refused to answer further questions, citing executive privilege. He also stopped going to subsequent hearings.

"It is the power of the Senate to compel attendance to hearings… witness can claim any privilege… however they have to attend and kami ang magde-determine kung ito ay covered ng executive privilege," Sen. Peter Cayetano, chair of the Blue Ribbon, said

"We’re talking about the possible confrontation between the executive and the legislative unless ma-resolve ng Malacañang ang stand nila about allowing the members of executive to attend," he added.

The Palace had issued Executive Order 464 which disallows government and executive officials from attending congressional inquiries without the permission of President Arroyo.

Sen. Juan Ponce Enrile moved that Lozada be arrested, saying Senate rules must be enforced.

"I want to have a warrant of arrest issued for this man to answer questions," Enrile said.

Sen. Panfilo Lacson agreed but added Neri should also be hauled to the Senate.

Neri was reported to have designated Lozada consultant in evaluating proposals for the NBN project, which sought to build a broadband network linking government agencies and local government units nationwide.

Lacson said Lozada had told him that he was willing to return to the witness stand.

Jose "Joey" de Venecia III, son of Speaker Jose de Venecia Jr., was scheduled to attend yesterday’s hearing but backed off after learning of Lozada’s absence.

"As discussed with you, my presence was based on my understanding that Mr. Rodolfo Lozada would testify at today’s committee hearing. Because of his absence, I believe that it is not necessary for me to appear," the young De Venecia said in a letter to Cayetano.

Jarius Bondoc, the columnist who exposed the irregularities in the ZTE deal, was the only resource person.

Lozada left at around 8 a.m. yesterday. He was alone and only had a carry-on bag.

Sources said Lozada was at the Centennial Terminal 2 at about 5 a.m.

Mary Ann Lucille Sering, undersecretary of the Department of Environment and Natural Resources, in a letter dated January 29 to Executive Secretary Eduardo Ermita, said Lozada was on a trip to London.

Sering had asked Ermita to have the Presidential Legislative Liaison Office confirm Lozada’s subpoena for the Senate hearing.

"If this is confirmed, we further request said office to inform the Senate Blue Ribbon Committee that Mr. Lozada is not available to attend said hearing by virtue of his trip to London in accordance with the attached Travel Authority," Sering said.

Ermita said Lozada is on an official mission abroad.

Deputy spokespersons Lorelei Fajardo and Anthony Golez, in separate text messages, said the Executive branch respects the Senate as an independent institution but they are hoping that "there is a mutual respect to the Executive branch with regard to its mandate and its given executive privilege."

"The Supreme Court… has also spoken on matters covering executive privileges. Secretary Neri has cooperated with the Senate as seen during the hearings when he was invited by our senators. …. We trust the Senate to exercise fair play and restraint in considering Secretary Neri’s appeal," Fajardo added.

Ermita said Malacañang had nothing to do with Lozada’s departure.

He said he found out about Lozada’s mission only through Manuel Gaite, deputy executive secretary for legal affairs.

Ermita denied that Lozada has been sacked.

Asked if Lozada would be covered by executive privilege or the presidential issuances on the guidelines on the conduct of congressional hearings, Ermita said Gaite is still going over it. He said if Lozada is covered, they would ask the Senate for the type of legislation that they hope to craft and the questions that they wish to ask the resource person.

Ermita said once they get an idea about the questions and information that the Senate is seeking from Lozada, they would be able to determine if "there is reason for us to even think of invoking the matter of executive privilege."

He said he does not know the extent of Lozada’s knowledge about the NBN project or the ZTE deal but he may have knowledge on what Neri had previously testified on because he was then a personal consultant as well as a personal friend of Neri.

On the continued absence of Neri in the hearings, Ermita said he had filed a petition before the Supreme Court last December for a ruling on whether Neri should continuously be invited to the Senate hearings on the issue or not.

He said Neri filed the petition after the first threats of arrest from the Senate.

"He is asking the Supreme Court, if they can rule on the invitation being extended to him because he does not know of anything else the Senate would want to squeeze from him because he had gone through so many hours of interpellation during his appearance," he said. – With Jay Chua, Jocelyn Montemayor and Gerard Naval