MANILA, Philippines -- The Court of Appeals has ordered the Senate to comment on the petition of the son of former agriculture undersecretary Jocelyn "Joc Joc" Bolante, which questioned the arrest of his father.
In a three-page resolution released Tuesday, the Court of Appeals 2nd division, through Associate Justice Teresita Dy-Liacco Flores, granted the amended petition of Bolante's son, Owen Vincent for habeas corpus, which he filed.
The younger Bolante, in his Omnibus Motion, said the 14th Senate, through Resolutions 637 and 702, directed the conduct of an investigation related to the fertilizer fund scam.
He said his father remained under the Senate custody despite appearing and testifying before the upper chamber.
"In view of the supervening acts and events enumerated above, petitioner respectfully submits that there is a need to amend the petition so that the present 14th Senate, its officers and members may be included as respondents in the case at bar. This would enable the Honorable Court to comprehensively rule on the issues involved in the case at bar and give each party the opportunity to be heard," Bolante said.
The appeals court said the grounds raised by the younger Bolante were valid.
"In view thereof, the new respondents are directed to file their comment on the amended petition within 10 days from receipt of this resolution," the appeals court told the Senate committee on accountability of public officers and investigation [blue ribbon].
Bolante's son asked the Court of Appeals to order the Senate to take the former government official to court and to immediately order his release.
He also asked the appeals court to void the arrest warrant issued by the Senate.