Despite being on the Bureau of Immigration (BI) watch list, Bolante left for the United States on the eve of the hearing Sunday night.
"Unfortunately, we have been again advised by his lawyers that he left for the United States last (Sunday) night," said Sen. Ramon Magsaysay Jr., chairman of the agriculture committee which is looking into the alleged fund misuse.
The BI allowed Bolante’s departure based on a report submitted to the Senate.
According to Magsaysay, acting immigration officer Rogelio Bautista Jr. said Bolante’s name appeared on the BI’s "derogatory watch list."
But when Bautista referred the matter to duty supervisors Fernando Aquino and Ferdinand Sampol for consultation, both "instructed us to allow the departure of the said passenger," Magsaysay said, quoting Bautista’s letter, which was sent to the committee yesterday.
Citing a report from the BI, Magsaysay said Bolante left via Cathay Pacific Flight CX902 bound for Hong Kong. He was reportedly on his way to the US.
The Senate has been conducting hearings into the controversy since Oct. 6.
"We have accorded Mr. Bolante all the opportunities to clarify matters and explain himself but he continues to glaringly opt to ignore us," Magsaysay said.
"There must be some powerful forces behind this man that makes him an extremely daring person to defy these subpoenas of the Senate," he said.
Magsaysay’s committee had also informed the US Embassy’s non-immigrant visa section in Manila about the subpoena issued against Bolante.
In response to the committee’s queries, non-immigrant visa section chief Joseph Tilghman said the Senate’s request of information on Bolante’s whereabouts had to undergo the formal process upon approval in Washington.
He also said the US has to consider its government’s privacy laws before information about any person is released.
Magsaysay lamented his committee had tried its "best within the modicum of good conduct and great patience" to have Bolante appear.
He said lawmakers have spent "a total of 13 hours for the past five hearings since October 6."
"We have been hampered by the non-cooperation of certain officials and individuals and even by Malacañang by issuing the oppressive EO 464," Magsaysay said, referring to the presidential executive order which bars any member of the executive branch from appearing in congressional hearings without the President’s nod.
"The Office of the President must withdraw the order and the executive must act now if we are to rid our bureaucracy of inefficiencies and systemic corruption."
Bolante and other key officials of the Department of Agriculture (DA) have been snubbing the congressional hearings, including that of the House of Representatives, over fertilizer and farm input funds totaling P2.806 billion that were allegedly misused.
Lawmakers want to know how the funds — released by Malacañang three months before last year’s presidential election — were spent.
The P728 million was the first release of the fertilizer funds made on Feb. 3, 2004, a day after Bolante had requested it.
At the DA’s budget hearing in the Senate last week, DA officials led by Secretary Domingo Panganiban admitted that documents pertaining to the release of the P728 million were missing.
The opposition claims the money was used for Mrs. Arroyo’s election campaign, an accusation that Malacañang has denied.
Bolante’s sudden departure prompted Senate President Franklin Drilon to move for the committee to study in an executive session the possibility of citing Bolante for contempt and detention.
As for the BI’s apparent failure to stop Bolante’s departure, Drilon said the Senate has to review anew the agency’s budget.
Drilon expressed disappointment over the former Cabinet official’s "total and wanton disregard" for the subpoena of this committee.
He cited Bolante’s lawyer Lito Zulueta had assured them that he would inform the Senate officially once his client returns to the country. Zulueta never did.
"In law, flight is evidence of guilt. He should remember the Rotary
International motto: Service above self. Is it fair to all concerned?
Is it the truth? Being a high official of the Rotary International, I am disappointed at this attitude that he has taken," Drilon said.
On the other hand, Zulueta explained that Bolante "does not have any intention of snubbing any of the hearings (or) proceedings."
In a two-page letter dated Dec. 9 sent to the Senate, Bolante’s lawyers spoke of their client’s arrival on Dec. 5, and cited his "lack of material time" to secure necessary documents regarding the "Ginintuang Masaganang Ani" or rice production program of the DA related to the controversy.
The letter was signed by Zulueta and Bolante’s other lawyer Mark Joseph Ocampo.
"It must be considered that our client has long been away from the Department of Agriculture and may not be able to accurately recall facts without referring to the records of the Department. We have yet to secure said records," the lawyers said.
For his part, opposition Sen. Juan Ponce Enrile also called on his colleagues to request the Department of Foreign Affairs to recall the passport of Bolante and notify the US about the official’s move to avoid the Senate inquiry.