MANILA, Philippines -- After Philippine National Police Chief Avelino Razon Jr. said that the missing witness in the tainted telecommunications project was with his family, his brother denied the official’s claim.
But Arthur Lozada confirmed that their sister, Carmen, and Lozada’s wife, Violeta, have seen him.
“Wala. Wala sa amin. Kung nasa amin na siya di hindi na kami nag-file ng habeas corpus o amparo [No, he’s not with us. If he were, we would not have filed habeas corpus or amparo],” he said.
Arthur Lozada said he didn’t know how his brother’s wife and his sister saw the environment official.
Razon told INQUIRER.net that Lozada and his family were together, a day after the environment official was allegedly taken by unidentified security men at the Ninoy Aquino International Airport after arriving from Hong Kong.
"He's safe and doing well," said Razon, adding that Lozada was in a place where he wanted to stay.
In an interview with the Philippine Daily Inquirer, Lozada’s sister, Carmen, said she had seen her brother and that he was alive although he had lost weight.
“Ayun, buhay pa siya [He is still alive],” said Lozada’s sister. “Nangayayat siya [He lost weight]” and he appeared “haggard,” she added.
However, she declined to say when and where she had seen her brother but admitted that he was “with the people who took him.”
She also declined to reveal where she was and ended the phone conversation which she said was being listened to.
Earlier on Wednesday, Razon admitted that Lozada, who was to be arrested by the Senate for failing to appear in its inquiry, was under their custody but clarified that they did not hold him and were “in fact securing this person.”
Razon dismissed accusations that they had obstructed justice when they took custody of Lozada, saying that it was the official who wrote to the Police Security and Protection Office and requested for protection.
"There is no obstruction of justice...because the Supreme Court ruling said the arrest order of the Senate will only be good within Senate premises," Razon told reporters.
"Hindi rin ito [This is also not] kidnapping because there was a request. He went with the PNP out of his own free will," said Razon.
But Razon said the PNP would show Lozada whenever necessary, as long as Lozada would allow them to. He added that Lozada would stay under their custody for as long as he wanted.
Razon said they kept mum regarding Lozada's whereabouts for security purposes.
Lozada, president and CEO of Philippine Forest Corp., was set to testify at the ongoing Senate investigation regarding the questionable $329 million national broadband network contract that the government had forged with China’s ZTE Corp.
Meanwhile, senators are up in arms over the alleged abduction of Lozada and Razon’s admission that he was under their custody.
“Why the delay in the admission that they have him? Who authorized SPO4 [Senior Police Officer 4] Valeroso to pick up Lozada at the airport? What is the PNP's authority to arrest him? Why the disrespect to the Senate and the warrant issued? Last, but not least, will Lozada now have a change of heart about testifying?” Senator Panfilo Lacson asked.
Lozada is Lacson's witness. He was allegedly the technical adviser on the NBN project before it was cancelled.
Senate Minority Floor Leader Aquilino Pimentel Jr. believes that the police chief “might be obstructing justice and abetting defiance rule of law.”
“How can a person who's being arrested by the Senate gets police protection?” Pimentel asked.
Even administration Senator Juan Ponce-Enrile wants the police to turn over Lozada to the Upper Chamber.
Enrile, who had moved for Lozada's arrest at last week's hearing, pointed out that the Senate had a warrant for Lozada's arrest and the police's job was only to escort Lozada to the Senate.
“[Lozada] does not have a criminal case that authorizes them to hold him...If he is being held against his will, without no consent, it's forcible abduction or coercion although he may want to evade Senate arrest,” he said.
Senator Alan Peter Cayetano, chairman of the blue ribbon committee, challenged Razon to produce Lozada “kahit hindi sa Senado [even not at the Senate].”
Lozada's wife, Violeta, had sought the help of the Senate in finding her husband.
“He's lying through his teeth,” Cayetano said on Razon’s statement that Lozada was with the PNP.
The senator said the police chief had promised to keep his hands off the Senate inquiry.
“This has a more chilling effect than libel or the hand-cuffing of the media. They are showing that if a high-profile witness can be taken from a secure area in NAIA, they can take anyone,” Cayetano said.
“They are protecting them from who? The government is undertaking a massive propaganda campaign. [Razon] pledged an oath to the Constitution. Where is his loyalty now? The police is acting like a private army,” he said.