Category: lozada

jun lozada deserves a fair hearing

Owing
By Conrado de Quiros

Jun Lozada himself explains it thus: He’s not running away from justice, he’s running away from death, or the threat thereof. The way things are, which is that witnesses tend to be plucked out of their homes in the middle of the night and relocated to the afterlife, better to be safe than sorry. Hell, better to be sorry than dead. Fernando Morales, who was linked to Atimonan victim Vic Siman, might have talked except that he was killed while being arrested for illegal possession of firearms at one o’clock in the morning. Trying to escape while clad only in briefs.

 Read on

justice for jun?

totoo ba ito?    judge jorge emmanuel lorredo of the manila metropolitan trial court who first dismissed mike defensor’s complaint of perjury vs. jun lozada is the very same judge pala who issued the arrest warrant, and who yesterday issued an order setting the arraignment on may 7?   well, no wonder he is also ordering mike defensor to drop the charges or else!

ORDER

…. Defensor, on May 7, 2009, when I arraign your enemy, Lozada, you shall have the unique opportunity for cleansing, for healing, for regaining public sympathy. The Court suggests that you do what is right for your sake, for your kids’ sake, for your wife’s sake. I have not talked to Mrs. Defensor, but as an experienced trial judge who deals with human emotions and passions everyday in my courtroom, I am sure that Mrs. Defensor wants peace and good health for you.

Why this case is not to the best interest of the first couple-

Since Defensor is not a trial lawyer, he apparently has not seen the very explosive potential of this case: the first couple (Gloria and Mike Arroyo) may validly and legally be dragged into the proceedings by Lozada’s defense team. All that the defense team has to do is invoke certain provisions of the Rules of Court. As a fair and impartial judge, I shall have no reason not to grant such request.

It is true that evil, cruel and vindictive regimes can use the law to make their enemies suffer, but it is that very same set of laws that can enable the oppressed (to) fight back. Such is the beauty of the law: that is why many have fallen in love with the law and have become lawyers or judges. As a child, I have dreamed of one day becoming a judge, to apply the law not to destroy lives, but to make lives better. Now, I am in that position, with the help of God. I dispense justice everyday with the aid and guidance I always seek from our Lord.

When this case goes to trial, I will of course allow the prosecution every opportunity to prove its case beyond reasonable doubt.

When it is the turn of the defense to present evidence, I will also allow the defense every opportunity to raise reasonable doubt or to destroy each and every element of the felony of perjury.

Andif there is a motion to present president Gloria or first gentleman Mike Arroyo as hostile witnesses in order for accused Lozada to establish, I will not hesitate to issue the corresponding subpoena compelling the first couple to testify as hostile witness for the defense.

If Gloria and Mike refuse to obey the subpoena, I will not hesitate to issue the warrants of arrest against them because it is the constitutional right of Lozada to have the best possible defense. And it is my duty as trial judge to see to it that there is due process in my court.

If the police officers refuse to serve the arrest warrants because Gloria is their boss, then I will be forced to deputize other public officers to serve and implement the arrest warrants.

I need not search hard nor should I wait long, for Manila Mayor Lim and the many senators who wish to take Lozada into their custody may move that they be deputized. Some of these people are lawyers, some of them have extensive police experience, like Mayor Fred Lim and Senator Ping Lacson. They can arrest, handcuff and put behind bars any fugitive.

They are no match against the PSG, the Presidential Security Group? What if Sen. Trillanes and his comrades join the mission to arrest? Get the picture, Mr. Railroadman Defensor?

Defensor, just imagine how powerful a message that would (be) for our people and for the whole world. And just imagine how that would affect the first couple.

I now suggest to Mike Defensor not to think only of himself in his perjury case. The welfare of the first couple is also involved, as discussed above.

I invite everyone who may come across this order to pray for both Defensor and Lozada, so there may be peace between them.

Please pray also for me, so that I may always be a good, humble, God fearing and very wise Judge to those who seek justice in my courtroom; and so that I may be elevated from a Judge to a Justice (even though I do not have any political backers) for that would surely make my late father, Jorge Lorredo, Jr. (who is now with Jesus in heaven watching me with a smile on his face) and my mother, Mary Lorredo, very proud of their only child.

So ordered.

May 4, 2009.

JORGE EMMANUEL M. LORREDO
Presiding Judge

i expected, thought, that lozada would be tried by manila regional trial court judge cicero jurado jr. who reversed lorredo’s dismissal and ruled that lozada be taken into custody.   where is judge cicero jurado jr?   bakit nawala siya sa picture?   what’s going on?    alam ba ito ni defensor?    inilaglag na ba si defensor?   or are we being taken for a ride a la lozada?

mike’s defense

so what’s mike defensor up to, dredging up the rot of the nbn-zte-fg deal that saw (alleged fixer) ben abalos resign as comelec chief and the project stopped in its tracks.   natabunan na nga ng walang katapusang iba’t ibang atraso at iskandalo ng arroyo govt, dapat ay nagsasaya na lang si mike, jun lozada’s camp was rather quiet, tila lusot na ang mag-asawang arroyo — thanks to romy neri, let’s not forget — at tila okey na lang sa bayan na hintayin ang 2010, malapit na naman, after all.   goodbye gloria, no immunity from suit.

so why?   i don’t buy mike’s spin that it’s just a perjury issue, nothing political daw, he just wants to clear his name.   josko.   eh walang kalatoylatoy ang inihain niyang kaso.

In his complaint for perjury, Defensor said Lozada had given conflicting versions of their conversation:

“Mr. Lozada’s testimony before the Senate significantly deviated from what he gave before the Court of Appeals. In the Senate, he stated that I asked him to deny that he was kidnapped; in the [appellate court] however, he said I asked him to deny any knowledge about the NBN-ZTE deal.

“The statement of Mr. Lozada before the Senate and the appellate court are clearly contradictory and cannot be reconciled. After validating the completeness of my story before the Senate, Mr. Lozada cannot thereafter change its tenor in the court hearing without being held liable for perjury.”

But on Nov. 14, 2008, Judge Jorge Emmanuel Lorredo of the Manila Metropolitan Trial Court (MTC) Branch 26 found no inconsistency on Lozada’s part and dismissed Defensor’s complaint.

In his ruling, Lorredo said: “In the second and third statements [at the Court of Appeals], Lozada was given the impression that if he does not stop, there will be a demolition job against him.

“The Court notes that even in [his Senate testimony], Mike Defensor also said ‘Tapusin na natin ‘to.’ To the Court, that shows the intention of Mike Defensor to put an end to all these things about the ZTE deal …”

well, mike is so lakas, a manila regional trial court obligingly reversed the decision.

Manila RTC Branch 11 Presiding Judge Cicero Jurado Jr. reversed Lorredo’s decision on March 19, upon Defensor’s appeal through his counsel, the Fortun Narvasa lawfirm.

Jurado said the MTC went “a notch above” the requirement for determining probable cause and seemed to have already rendered a verdict without conducting a trial when it concluded that an element of the offense was absent.

He said the question at hand was whether there was evidence showing that a crime had more likely been committed and the accused should be placed under custody.

it is quite conceivable to me that in that conversation between mike and jun, a lot more was said, including both statements mike takes issue with.    and neither is illogical in the context of the other, so what’s the fuss?

obviously naghanap lang ng dahilan to get lozada out of the hands of the religious / civil society and into the hands of the judiciary, where the arroyo admin has some influence (from the lowest to the highest courts) as we can see.   and, really, it has to be connected with jun lozada being urged to run for the senate in 2010.   may panalo kasi (inggit si mike), so the idea is to neutralize him early, let him run from jail, let him serve from jail?    trillanes shows the way?

if mike really wants to clear his name for the sake of his children, it’s simple: withdraw his support from the arroyo administration.   fat chance, yes, but that would wipe the slate clean.