The Court of Appeals (CA) has junked the request of Senate whistleblower Rodolfo Noel "Jun" Lozada for protection under the writ of amparo in connection with an alleged abduction attempt to silence him at the height of the investigation into the controversial national broadband network (NBN) deal earlier this year.

The appellate court, in a decision released Friday, said Lozada does not need protection since government agents did not attempt to kidnap him, nor were his security or civil liberties curtailed.

"It bears stressing that the instant amparo petition does not involve extralegal killings, enforced disappearances, or threats thereof," the decision stated.

The CA also said Lozada was not able to prove he was under surveillance by the government.

"This Court also takes note that Lozada even attended an inter-faith rally in Makati and has been on campus tours, not only in Metro Manila but also in other parts of the country," the decision, penned by Justice Celia Librea Lealogo, added.

The government also said Lozada has no evidence whatsoever that would prove his allegations of an attempted kidnap.

The case stemmed from Lozada's request that he and his family is in danger after an alleged attempted kidnapping after he arrived at the Ninoy Aquino International Airport (NAIA) on February 5.

Lozada previously identified Executive Secretary Eduardo Ermita, Philippine National Police chief Avelino Razon, Senior Police Officer 4 Roger Valeroso and NAIA security chief Angel Atutubo in the alleged abduction attempt.

Despite the court decision, Lozada said he will continue with his crusade for the truth.

"They may have won the battle, but not the war. Alam ng tao kung sino ang nagsisinungaling," he said.

Lozada was one of the Senate's star witness in an inquiry on the alleged irregularities in the government's $329-million NBN deal with ZTE Corp. of China. With a report from Ron Gagalac, ABS-CBN News