Lozada entitled to protection by the Senate -- Pimentel

Minority Leader Aquilino Pimentel, Jr. (PDP-Laban) today said the Senate is duty-bound to support and protect NBN-ZTE witness Rodolfo "Jun" Lozada but not to the extent of being perceived as encroaching on the jurisdiction of the court over any complaint against him.

Pimentel stressed that the Senate should refrain from any action that will create the wrong impression that it enjoys preponderance over the judiciary on matters that are within its competence to resolve.

He made the statement as a group of senators are set to file a motion with the Manila Regional Trial Court today seeking the release from jail of Lozada to them on recognizance. The move was based on the presumption that Lozada remains under Senate's custody as a witness to the NBN-ZTE controversy.

"If the court is discharging its duties in accordance with the scope of its authority and jurisdiction, the better course of action - and this is my personal opinion - is to post bail for Jun Lozada so that the court can order his release," the minority leader said.

Lozada said he would prefer to be imprisoned, rather than post bail for his temporary liberty, because he wanted the court to rule on the perjury case filed against him by former Presidential Chief-of-Staff and Secretary Michael Defensor.

"I know that Lozada does not want to post bail but he has not said that you should not post bail in his behalf. An accused person can post bail by himself or another person may do it on his behalf," he said.

Pimentel said Lozada at the same time can request the court to allow him to be put back under Senate custody for his protection. He pointed out that the whistleblower was placed under the Senate's witness protection program to prevent him from being harmed.

Under the judicial system enshrined in the Constitution, he pointed out that the decision on matters regarding guilt or innocence of an accused person rests with the courts and not with the law-making body.

Pimentel said that although Lozada should face the charges against him in court, he believes that this part of the administration's harassment against him.

"And that is what is deplorable about the whole thing. Lozada who is risking his life to denounce corruption in government is being persecuted and jailed while those who are trying to silence him or are engaged in the coverup of a scam are being rewarded. That should not happen in a democratic society like us," he said

Pimentel said he plans to visit Lozada in prison as soon as his health condition improves to show his support for him and his cause.