mike’s defense

30 April 2009

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.

19 Responses to mike’s defense

  1. April 30, 2009 at 5:39 pm

    “Buwenas si Jun Lozada,nasa Pilipinas siya,kung nasa Saudi siya,naputulan na siya ng dila!”IGGY ARROYO

  2. April 30, 2009 at 9:16 pm

    Angela:

    Baligtad na talaga ang mundo ngayon lalo na sa Pilipinas.Ang mga pusakal namumuno,ang mga nagsasabi ng katotohanan kinukulong!

    What A Crazy World! The Guilty Still Scot-Free! The Innocent Are Imprisoned!

    EQ

  3. May 1, 2009 at 1:46 am

    Hi Angela,
    There cannot be a case of perjury if all you have is a “He said, she said.” Simple as that.

    SC has held that to prove perjury, conflicting statements are not enough. There must be “other evidence” showing that one of the statements is false. Denial by another is not evidence that the accused made a false statement, and should not be the basis for the (lower) standard of proof of “probable cause.”

    If a complaining witness’s goal is to protect his honor, he should sue on defamation. But then he runs up against the constitutional bar of the qualified privilege doctrine: the matter is of public interest, and the presumption of malice cannot be held against the accused. That makes the defamation case very weak.

    The criminal charge is bailable, so it is a circus of sorts if the accused stays in jail for publicity.

  4. May 1, 2009 at 8:15 am

    Re: “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, as you say Angela…

    The man has has no courage. He possesses moral cowardice and that is the most horendous form of cowardice.

  5. May 1, 2009 at 7:14 pm

    SHOCKING DISCLOSURE FROM THE WORLD BANK

    “Filipinos are being skinned alive, fried in your own fat and lard!”

    “Ginigisa kayo sa sariling ninyong mantika!”

    A financial analyst of the World Bank would like to inform Filipinos about the money-making scheme of the Pidals, the proceeds from which go to the family’s secret account in Switzerland. He disclosed that all LOTTO DRAWS are orchestrated, and big money goes to the two sons of The Pidal Couple. Recent example is the SUPER LOTTO 6/49 draw, where supposedly two individuals from Luzon won. Do you know WHO these individuals are? The Two PIDAL Sons who else?

  6. May 1, 2009 at 8:09 pm

    hey orlando ;) so the first court that dismissed the complaint was right, ‘no? re the circus: mike started it by getting that reversal and making sure jun got arrested just before a long weekend, sabay exit with his family to watch paquiao. jun is not breaking any law by not posting bail, is he?

  7. May 1, 2009 at 8:10 pm

    EQ: totoo ba yan!!!

  8. May 1, 2009 at 8:16 pm

    Angela:

    I will not bet in supper lotto again!
    I don’t want to help the Pidal family business.

    EQ

  9. May 1, 2009 at 8:56 pm
    wilyam3ed

    For the nth time – Hip, Hop, Hooray, Hip, Hop, Hooray. But where else can a tragicomedy of this magnitude happen except in my dear native land called the Philippines.

    To Jun Lozada, a zany piece of advice, go get Annabel Rama as your Manager tignan ko lang kung hindi matopak ang mga nakaupo sa gobyerno.

  10. May 1, 2009 at 10:26 pm

    haha, wilyam3rd ;) zany nga, that would be a riot, dong!

  11. May 2, 2009 at 11:24 am

    Hi Angela,
    yes the metro trial court was correct. i’m not sure if lozada can go up to CA to contest the arrest warrant.

    i guess the “circus” started way back when.. and in these times, the conventional way to play is often not the best way.. so the gandhi gambit may work..

  12. May 2, 2009 at 5:23 pm
    jojie-riyadh

    As one Batanganeo comedian once said, Onli in the Pilipins!!!. You’r right “walang kalatuylatoy”. its a miscalculated hatchet job which will surely backfire and resurrect the bad smell of corruption from the NBN-ZTE onerous deal. Was this to delay and pre-empt the Senate’s Blue Ribbon Committee report to the Ombudsman for possible filing of charges? its strange for a brilliant-mind like Mike to drive the issue
    recklessly in an pre-election campaign period. Something is being cooked for No-el scenario?? To confuse and deviate the people’s mindset for 2010 election, I hope not.

  13. May 2, 2009 at 5:37 pm

    jojie ;) i still can’t believe how badly they miscalculated. o baka naman there was no calculation at all on mike’s part? mike is not so brilliant pala? he’s really just a malacanang muchacho?

  14. May 2, 2009 at 5:38 pm

    orlando ;) ghandi gambit. yes it’s the kind of thing ghandi would have done…

  15. May 2, 2009 at 7:07 pm
    jojie-riyadh

    Pinsan,
    actually,I dont mean intellectually but sort of scheming/smart-aleck type. Sayang, maganda sana ang career-path ni Mike D. kaya lang yun nakaka-bad trip yung diskarte e nagayuma siguro ni G….

  16. May 3, 2009 at 1:01 am

    Lotto is rigged? Don’t they publicize the drawing of the “balls”? I suppose if that can be rigged, so can the automated elections. Just a thought..

  17. May 4, 2009 at 8:02 pm
    wilyam3rd

    Hi Angela, enlighten me please.

    I thought that when you are called by the Senate as a resource person in aid of legislation, anything you say there cannot be used against you.

    So if there is a discrepancy between Jun Lozada’s statement in the Senate and in the Court of Appeals, can his statement in the Senate be used against him? Mawawalan na tayo ng resource person pag ganun, right?

    Can anybody further confuse me?

  18. May 4, 2009 at 10:01 pm
    jojie-riyadh

    orlando R-:=(, Lotto rigging?/If Sen. Fred Lim allegedly won the PCSO 1st Prize during his term as NBI Chief, as rumored then by tabloids, what so hard in rigging it for the klepto-family in the Enchanted Kingdom of GMA,esp. when PSCO is directly under the OTP now, if I am not mistaken. LETS SEE IF Sergs Osmena-Valencia can clear this out.
    Calling my former blockmate at DLSU (SOV)to dispel our doubts.

    jojie umali

  19. May 5, 2009 at 3:19 pm

    i totally agree. if mike wants to clear his name, there is no other way, but go the exit door of the palace and embrace the real cause and clamor of the public for the truth.

    with this move he made even to his close friend, he is just immortalizing his image as a lapdog of the palace occupant. and the public will make pay for this dearly, that even his “multi-level networking” skills are bound to fail

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