MANILA, Philippines -- (UPDATE 2) Former agriculture undersecretary Jocelyn “Joc-Joc” Bolante, through his lawyer, has asked the Supreme Court to order the Senate to release him or allow him to post bail.

In a 22-page petition for a writ of habeas corpus submitted by his counsel Antonio Zulueta Friday, Bolante said the Senate was
"arrogating upon itself powers that it neither possesses nor validly exercise."

He said the proceedings before the Senate have turned from "in aid of legislation" to "prosecutorial inquiry."

Bolante said the questions he had been asked were not for a resource person supposed to shed light on the P728 million fertilizer fund scam.

He said he was branded the "architect" of the fertilizer scam and was never given the opportunity to explain himself.

"They never specified the charges against [me] and never gave [me] the opportunity to be heard. This is an act of extreme arrogance, which we humbly beg the Honorable court to set right," Bolante said.

“Whether or not a witness in a Senate hearing is lying or giving evasive answers is a matter that must be determined by a court of law and only after due hearing and presentation of evidence to prove guilt beyond reasonable doubt,” Bolante said.

Earlier on Friday, Senate Sergeant-at-Arms Jose Balajadia said four lawyers, including Noel Malaya, visited Bolante.

This was confirmed by Malaya, who immediately denied he was part of Bolante’s legal team.

Malaya is one of the counsels of retired Police Director Eliseo dela Paz, who was briefly detained at the Moscow airport in Russia for not declaring the P6.9-million worth of euros he was carrying.

Malaya confirmed though that Bolante’s lawyers were at the Senate to discuss with the former agriculture undersecretary the filing of habeas corpus against the Senate within the day.

Malaya said the basis of the arrest warrant was over Bolante’s evasiveness.

“But what is the truth? Kung ano yung gusto nilang marinig [Is it what they want to hear]?” said Malaya over the phone.

The lawyer also echoed Bolante’s statement that he was now under double arrest, despite Senator Aquilino Pimentel Jr.’s argument that the first warrant against Bolante was lifted when the Senate allowed him to go home under “protective custody” of the chamber.

But Malaya said that while under protective custody, Bolante’s movements had been restricted without the approval of the security personnel provided by the Senate.

“When you talk of protective custody, dapat sasama-sama lang yung guards sa kanya hindi yung kailangan pang magpaalam sa kanila [the guards should only tag along and that there is no need for Bolante to seek their permission],” he said.

“At kapag sinabing protective custody, sana hiningi yun ni Bolante para protektahan siya [And when you talk about protective custody, it should have been asked by Bolante for his protection]. E kaso ayaw nga niyang magpabantay [But he does not want to be protected]. Ang problema [The problem is], they [senators] are playing with words,” he said.

Aside from Bolante’s lawyers and wife, who visited him Thursday, Balajadia said the detainee has not received any visitors.

Balajadia said his men would implement the normal security procedures, such as body searches, when screening Bolante’s visitors.

Bolante has been detained at the Senate since Wednesday after the 17-member blue ribbon committee approved an arrest order against him.

In his last hearing at the upper chamber, Bolante was accused of being “evasive” in his responses to senators’ questions about his role in the alleged P728 million fertilizer fund scam.

Bolante has been tagged as the alleged mastermind in the illegal transfer of the funds to the campaign kitty of President Gloria Macapagal-Arroyo in the 2004 election.

He has repeatedly denied the accusation.