No enforcement of Bolante arrest

MANILA, Philippines – Senate President Manuel Villar Jr. has refused to enforce the arrest warrant against former agriculture undersecretary Jocelyn “Jocjoc” Bolante, saying senators must hold a caucus to determine if the warrant remains valid.

Villar does not know if the Senate is a continuing body that would allow him to enforce the warrant of arrest against Bolante, a statement from the office of the Senate president said. Villar is still abroad on vacation.

Sen. Pia Cayetano, whom Villar named Senate officer-in-charge in his absence, said the legal issues surrounding the arrest warrant against Bolante must be resolved.

“I leave it to the hands of the committee chairman concerned on how to handle the issue,” she said, referring to her younger brother, Alan Peter, Blue Ribbon committee chairman, who said he would issue a subpoena for Bolante to appear in the new investigation into the fertilizer fund scam.

Villar urged Bolante, tagged as the mastermind of the 2004 fertilizer fund scam, to “submit himself” to authorities upon his return home on Tuesday.

He will be arriving aboard Northwest Airline Flight 71 handcuffed to a US marshal. US authorities have ordered the deportation of Bolante.

“Bolante should explain his role in the disbursement of the P728-million fertilizer fund,” read Villar’s statement.

“He should also explain why he left the country and absconded at the time of the inquiry. There are lingering questions in the public’s mind and if, indeed, he is innocent as he claims, he should see this as an opportunity to clear his name.

“His return to the Philippines is a significant development in the pursuit of truth on the multi-million fertilizer fund scam.”

Villar urged the Office of the Ombudsman to immediately inform the Senate of its action on the recommendations of the Senate with regard to the fertilizer scam.

“We only want to get to the bottom of the case and find out where the money went,” read the statement.

“At issue here are the twin principles of accountability and transparency. If a crime or wrongdoing has been committed, then there should be appropriate sanctions.”

On the other hand, Sen. Manuel Roxas II asked Justice Secretary Raul Gonzalez yesterday to stop Bolante from leaving the country upon his return from the US.

“The first thing the DOJ should do is to stop Jocjoc from escaping,” he said.

“It’s a bad example to allow him to evade prosecution, considering the strong evidence that he is behind the misuse of P728 million in public funds.”

Roxas also accused Ombudsman Merceditas Gutierrez of being indifferent to calls for her to file graft charges against Bolante.

“I really cannot understand why Gutierrez does not want to act on the complaints filed against Jocjoc,” he said.

“Is she trying to whitewash the case? Did someone order her to sit on the case? It’s hard to believe that until now they are still gathering evidence.”

Roxas said as early as March 2006, the Senate had recommended to the Office of the Ombudsman to file criminal cases against Bolante.

“The Senate has submitted to the (Office of the) Ombudsman all the evidence we gathered during our investigation into the anomaly,” he said.

“What other evidence is Gutierrez looking for? We have forwarded to her all the evidence needed to file a case against Jocjoc.”

CA freezes Bolante bank account

The Court of Appeals has maintained the freeze order on a bank account believed to be owned by Bolante.

In a resolution, the CA’s Former First Division denied the motion for reconsideration filed by the Livelihood Corp. (Livecor) on the grounds that the motion lacked merit.

“To the mind of this court the probable cause that there is a connection between the bank account of respondent Jocelyn Bolante to the questioned transfer of funds of Livecor and Bolante’s bank accounts are related to the bank accounts of Livecor or to the fertilizer fund, which was existing when this Court issued a freeze order on July 1, 2008 is still existing up to this date,” read the resolution.

Livecor, which asked the CA to lift the freeze order imposed last July 1, said there is no proof that Bolante’s bank accounts are related to its bank accounts.

“There is no new or substantial matter raised in the motion for reconsideration filed by respondent Livecor that may warrant or justify to reconsider or reverse the questioned resolution,” read the CA resolution.

The CA also said Livecor’s arguments in its motion for reconsideration were “mere rehash” of the allegations it had raised in its comment filed with the appellate court last Aug. 19.

“These have been passed upon and resolved by this court in the resolution dated August 19, 2008,” read the CA resolution.

Last July 1, the bank accounts of Livecor, along with 70 other bank accounts and other monetary instruments, were frozen for 20 days after these were linked by the Anti-Money Laundering Council to the P728-million fertilizer fund scam.

Last Aug. 19, the CA, acting on a request from the Anti-Money Laundering Council, extended the freeze order on 32 accounts of Bolante.

Palace wants Bolante in court

Malacañang would rather see Bolante in court than before Congress answering questions on the fertilizer fund scam.

Deputy presidential spokesman Anthony Golez said the courts should be the proper place to determine the truth about the fertilizer fund scam.

“As enshrined in the Constitution, if you want to know the truth and if you want to bring justice, then it has to be brought in the right courts, in the right forum,” he said.

“But of course, nobody can stop the Senate from conducting its own investigation because it’s also enshrined in their mandate to conduct investigations in aid of legislation.

“So we cannot stop them from that. But to find justice then we have to bring them to the courts.”

The Senate committee on agriculture headed by then Sen. Ramon Magsaysay Jr. found Bolante liable for the scam during an inquiry.

A committee report was submitted to the Office of the Ombudsman with the recommendation that Bolante be charged with violation of the Anti-Graft and Corrupt Practices Act.

Bolante never appeared before Senate in spite of numerous subpoenas and arrest warrants issued against him.

He fled the country and went missing until he was arrested at Los Angeles airport for trying to enter with a void visa.

Bolante’s US visa was revoked upon request of the Philippine Senate after investigation linked him to the fertilizer fund scam.

His request for political asylum was denied by US authorities. — Aurea Calica, Mike Frialde, Marvin Sy