Press Release
May 1, 2009

Pia urges Senate leadership: "Assert custody over Lozada"

Senator Pia S. Cayetano today said the Senate should assert its custody over ZTE-NBN scam star witness Jun Lozada, who was arrested and detained at the Manila Police District headquarters Wednesday to answer to perjury charges filed against him by former presidential chief of staff Mike Defensor.

"The Senate should defend its right to take recognizance of Jun Lozada on the basis that it still has custody over him. The chamber can argue before the courts that it previously issued an arrest warrant for him way back in February 2008 when Lozada arrived at the NAIA, and was subsequently intercepted by government agents to prevent him from testifying at the Senate," explained Cayetano, a lawyer and member of the Senate minority bloc.

"That arrest warrant was signed by the majority of senators and, technically, is still in effect. Senate records would show that no release order had been officially issued yet by the chamber, even if Senate President Juan Ponce Enrile recently authorized the withdrawal of Lozada's Senate security detail."

"Unless the Senate leadership could produce a duly-issued order releasing Lozada, then I believe the chamber has every right to invoke custody," she stressed.

She pointed out that recognizance is a constitutional right of the accused, noting Article 3 (Bill of Rights), Section 13 of the 1987 Constitution, which states: "All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required."

Cayetano said Lozada's case is bailable and therefore falls under this definition.

She added that jurisprudence is also on Lozada's side, citing People v. Abner et al., 87 Phil. 566, to wit: "Recognizance is an obligation of record, entered into before a court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial."

She further cited Sec. 15, Rule 114 of the Rules of Court, which states: "Whenever allowed by law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person."

The Senate is a juridical person that can invoke custody, she explained.

News Latest News Feed