Palace: Bolante not covered by EO 464

Malacañang reiterated yesterday that it had nothing to do with former Agriculture Undersecretary Jocelyn Bolante, who has snubbed several Senate hearings on an alleged fertilizer fund scam.

Bolante is also no longer covered by Executive Order No. 464, which excludes incumbent government and police and military officials from attending legislative inquiries without prior consent from President Arroyo.

The Palace issued this statement in the wake of claims by Sen. Ramon Magsaysay Jr. that Malacañang was protecting Bolante. Magsaysay is the chairman of the Senate agriculture committee investigating the fertilizer inquiry.

Saying Bolante is his own man, Press Secretary Ignacio Bunye said the ongoing Senate investigation into the fertilizer scam is "now the problem" of the former agriculture official.

Bunye said there is no way he can confirm allegations that Bolante had been bragging about his connections with the Arroyo administration and that he is "untouchable."

"(Bolante) is now a private citizen and the Senate has the right to call him to a hearing," Bunye said. "We can now leave it all to the Senate and how they will treat the case of Mr. Bolante."

The Department of Foreign Affairs (DFA) earlier said it could not cancel Bolante’s passport without a court order or conviction by the courts for a criminal offense.

DFA spokesman Gilberto Asuque said that, despite the order issued by the Senate for Bolante’s arrest Tuesday, the DFA still has no basis to revoke Bolante’s passport.

"We understand the spirit and intent of (the Senate) and we will study it in accordance with the law on the matter," Asuque said, quoting Foreign Affairs Secretary Alberto Romulo.

On Thursday afternoon, the DFA received the Senate agriculture committee’s urgent request for the cancellation of Bolante’s passport. The request was made after the Senate ordered Bolante’s arrest for failing to attend the hearing on the P3-billion fertilizer scam.

The fertilizer fund was allegedly used to bankroll Mrs. Arroyo’s presidential campaign in 2004.

Reports said Bolante left the country Sunday last week on Cathay Pacific Airlines flight CX 902, supposedly for the United States.

A passport is the recognition of a person’s right to travel under the Constitution. Under Republic Act No. 8239, or the Philippine Passport Act of 1996, a passport may be canceled when the holder is a fugitive from justice or when the holder has been convicted of a criminal offense. It may also be canceled upon the passport holder’s conviction for a criminal offense.

The DFA was faced with a similar situation in July when former elections commissioner Virgilio Garcillano was reported to have fled the country after being named in an inquiry into wiretapped conversations allegedly between Mrs. Arroyo and an election official.

A DFA official speaking on condition of anonymity said the DFA could only cancel Garcillano’s passport if Malacañang and the Department of Justice (DOJ) raise no objections.

The source said Garcillano holds two passports — one official passport and a regular passport. "The DFA can always (cancel a passport) but, if Malacañang is against it, we can’t," the DFA official added. — Aurea Calica