MANILA, Philippines—With the news that former Agriculture Undersecretary Jocelyn “Jocjoc” Bolante could be deported to Manila at anytime, the Senate is preparing to subpoena him to a new public inquiry into the alleged P728-million fertilizer fund scam.
Sen. Alan Peter Cayetano, chair of the Senate blue ribbon committee, said he would issue another subpoena for Bolante in case there was a question on the validity of the one it issued three years ago.
Cayetano said his committee would initiate a public hearing as soon as Bolante arrives to ask him to explain his reported diversion of the fertilizer fund to political allies and supporters of President Gloria Macapagal-Arroyo shortly before the 2004 elections.
In Malacañang, Press Secretary Jesus Dureza said the Palace would not intervene or attempt to stop the Ombudsman or the Senate from probing Bolante’s role in the fertilizer scam.
“The Palace will not put a foot [down] to stop any of these. Let all of these investigations proceed as they should,” Dureza told reporters in a briefing.
Dureza denied speculations that Malacañang was planning to shield Bolante from any summons and inquiries.
Too suspicious
“You’re too suspicious of a government cover-up,” he told reporters. “The government is there to provide all the necessary avenues so that the investigation can proceed.”
But Dureza wondered aloud why investigating agencies had not yet filed a case against Bolante.
“Don’t (they) have any other witnesses that (they) can put on the witness stand?”
University of the Philippines law professor Harry Roque, who filed an amicus brief opposing Bolante’s asylum bid, said Bolante could be deported at “anytime.”
Bolante, who fled to the US in 2006 to escape the Senate inquiry, is currently being held at the Kenosha County Detention Center in Wisconsin awaiting the outcome of his last appeal to stop his deportation.
The US Seventh Circuit Court of Appeals in August junked Bolante’s petition for asylum and ruled that there was no reason to delay his deportation. The court said Bolante failed to prove he was being persecuted in the Philippines. His visa had been canceled.
He is the database
Sen. Manuel Roxas II has written US Ambassador Kristie Kenney to request that Bolante be deported straight to Manila, and not to his port of origin, which was Hong Kong, should the US court deny his asylum bid with finality.
Cayetano said Bolante “has been tagged as the man behind the whole scam. He knows how it was done, who benefited, and whether it stops with him or someone higher. Who ordered him? If he were a computer, he’s the database.”
“Will he cooperate or not is another matter considering that he tried to flee years ago. Even his return is not voluntary,” said Cayetano.
The Office of the Ombudsman had also said it was going to file graft charges against Bolante but it was learned Tuesday that there had been no new developments in this regard.
No need to wait
Special Prosecutor Dennis Villa-Ignacio in a phone interview with the Philippine Daily Inquirer, said he had yet to receive the case or see the evidence against Bolante from the Ombudsman.
Villa-Ignacio said the Ombudsman could file a case even before Bolante returned.
“There is no need to wait for him to come home. If there is strong evidence against him, we can proceed with the filing of the case,” said Villa-Ignacio.
Assume good faith
When asked why it was taking so long for the Office of the Ombudsman to file a case against Bolante, Villa-Ignacio said “I don’t know.”
“They (the Office of the Ombudsman) have absolute control. So I cannot speculate. But let’s assume there is good faith on their part,” said Villa-Ignacio.
He also said that if he were to “strategize” the Bolante case, he would have filed the information in the Sandiganbayan earlier.
“If we wait for him to come home before filing a case, it could take a year for the case to start,” he said, adding that Bolante could ask for a preliminary investigation.
If a case had been filed in the Sandiganbayan, time would be saved, he said. “It is up to the Sandiganbayan if a preliminary investigation is needed. It can order one finished within 60 days, in some cases 30 days.”
Not sitting on case
The Inquirer tried to get a comment from Ombudsman Merceditas Gutierrez but was informed she was in a meeting.
In September, Gutierrez told Palace reporters that Bolante should come home and face the allegations against him.
Gutierrez also denied the criticism her office was sitting on Bolante’s case, saying that her office was probing the case and that her investigators were looking into the matter.
She said she would not hesitate to file a case against Bolante, who is said to be close to the President’s husband, Jose Miguel Arroyo, if there was any evidence.
