Jocjoc faces raps for false testimony

The Senate Blue Ribbon committee will comply with the order of the Supreme Court to present former agriculture undersecretary Jocelyn “Jocjoc” Bolante to the Court of Appeals (CA) after the SC granted the petition for habeas corpus filed by the former agriculture official.

Sen. Richard Gordon, chairman of the committee, said he would file charges for false testimony – and not perjury – against Bolante for falsely and evasively testifying on his alleged involvement in the P728-million fertilizer fund scam.

Gordon said the SC order was basically for the Senate to produce Bolante so they could argue on whether it was correct for the chamber to detain Bolante for supposedly lying and evading questions during the hearing into the controversy.

“We will not let him go until he purges himself of the contempt but once the case (of false testimony) is filed, I’ve said that we would release him. We were supposed to file the case last Monday but it was postponed. Once we get the order (from SC), I will make the necessary recommendations to the committee,” Gordon said.

Bolante filed the petition for habeas corpus after the members of the Senate sergeant-at-arms arrested him last Dec. 4 in Makati City.

The senators ordered the arrest of Bolante who was cited for contempt for giving contradicting testimony during the investigation into his alleged involvement in the fertilizer fund scam. Bolante had been detained at the Senate since his arrest.

Bolante’s son Owen had earlier filed a petition for the issuance of the writ of habeas corpus for his father after he was arrested by the Senate sergeant-at-arms upon arriving from the US last Oct. 28 by virtue of an order issued during the 13th Congress. The CA has yet to issue its decision on the habeas corpus petition.

In a three-page resolution, the SC also remanded the case to the Court of Appeals for immediate raffle and for hearing on Dec.12 at 10 am.

Named respondents in the petition were Senate Sergeant-at-Arms Jose Balajadia Jr., Senate President Juan Ponce Enrile and Blue Ribbon Committee chairman Senator Richard Gordon. They were also directed to make a verified return of the writ on or before Dec. 12.

The Senate resumes the public hearing on the scam today as the SC ordered that Bolante be brought to the CA for a hearing on Friday.

“We have a plethora of evidence that warrants the filing of charges against Mr. Bolante. Clearly, he violates the rules of the Senate and its Blue Ribbon committee and once a criminal case is filed against him, it is now up to the court to decide,” Gordon said.

“The Senate meanwhile will not be sidelined from holding these hearings in aid of legislation, since its principal responsibility is to address loopholes in government procurement projects,” he added.

Gordon said he would formally file charges for violation of Article 183 of the Revised Penal Code, or false testimony, against Bolante, citing his eight statements majority senators deemed false and evasive during the hearings last Nov. 13, 25 and 28.

He explained that under the law, false testimony is committed by a person who, “being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.”

False testimony, a bailable offense, is punishable by imprisonment of four months and one day up to two years and four months. Each false testimony is considered a separate and distinct offense.

Gordon added that the case would be filed before the Department of Justice, and not the Office of the Ombudsman, since Bolante was no longer a public official when he made the false statements before the panel.

“Aside from the fact that the Ombudsman seems to be sitting on the case that was filed by the Senate of the 13th Congress against Mr. Bolante, we considered his status as a private individual when making those false statements,” he said.

Gordon also said once the case was filed, Bolante would be released from detention in the Senate, consistent with the contempt order the Senate Blue Ribbon committee had issued against him last Dec. 3.

Senate President Juan Ponce Enrile and 13 senators signed the arrest order. — With Mike Frialde