MANILA, Philippines?After waiting for almost three years to have former Agriculture Undersecretary Jocelyn ?Joc-joc? Bolante in custody, the Senate is now faced with the challenge of determining which committee will hear him testify on the P728-million fertilizer fund scam.

Senate President Manuel Villar Jr. Wednesday said he would meet with the chairs of the blue ribbon and agriculture committees as well as with the other senators to determine the chamber?s plan of action regarding Bolante?s case.

?As Senate president, I value the opinion of all of my colleagues,? Villar said.

Sen. Edgardo Angara, chair of the agriculture committee, has refused to reopen the inquiry into the fertilizer fund scam, saying the case was ?terminated? in 2005 when his predecessor, then Sen. Ramon Magsaysay Jr., investigated, made recommendations and turned over the prosecution of those involved, including Bolante, to the Office of the Ombudsman.

Magsaysay?s committee had found that the funds intended for farmer-beneficiaries under the Ginintuang Masaganang Ani program were diverted to the 2004 election campaign of President Gloria Macapagal-Arroyo.

Sen. Manuel ?Mar? Roxas II has earlier filed a resolution asking the Senate to convene as a committee of the whole to reopen the inquiry.

Senate Minority Leader Aquilino Pimentel Jr. has acknowledged that reopening the investigation had become a gray area because of Angara?s refusal to do so.

Pimentel said he believed that the blue ribbon committee chaired by Sen. Alan Peter Cayetano ?can have immediate jurisdiction? over the case.

?Lady? associate

Noting as well that Angara did not want to reopen the investigation without a new case and new evidence, Pimentel said he had been hearing about a ?lady? associate of Bolante?s who allegedly helped distribute the fertilizer funds to supporters of Ms Arroyo as part of the 2004 presidential campaign.

?We are not prejudging her, but if she will be called she can give additional testimony,? Pimentel said.

On the other hand, Senate Majority Leader Francis Pangilinan said he believed Angara?s agriculture committee had ?jurisdiction at this point.?

?But this does not prevent the committee on public accountability to motu propio conduct its own separate investigation on the issue of irregular and illegal disbursement of government funds,? Pangilinan said in a text message.

Sen. Panfilo Lacson said Angara had a point in refusing to reopen the inquiry, but added that the main point still was for Bolante to tell all that he knew about the scam.

Lacson told dzMM radio that until now, the public did not know who had ordered Bolante to release the fertilizer funds.

He told dzXL radio that what the Senate could get from Bolante this time around was who had ordered him to do it.

?If he faces the Senate, it?s possible there were other big personalities that would be implicated. I personally believe that this will not stop at Joc-joc only,? Lacson said.

Buying time

Bolante, however, will be able to buy some time before he faces his accusers.

Villar told reporters that the Senate would allow Bolante to remain at St. Luke?s Medical Center in Quezon City for medical tests.

?The Senate will extend maximum courtesy to him,? Villar said, adding that the Senate would provide for Bolante?s needs and security as it had accorded all those serving as witnesses in the chamber.

Villar also said he believed Bolante should be given time to rest. He said the Senate would wait for the results of the latter?s medical tests before taking action on his case.

?Based on the test results and suggestions of my fellow senators, we will decide on whether there is a need to take action before the resumption of our session,? he said.

Villar also said he would instruct the Senate physician, Mariano Blancia, to join St. Luke?s doctors in looking into Bolante?s condition.

Bolante fled to the United States in 2005 to evade testifying on the fertilizer fund scam.

But he was held immediately upon arrival there because of a cancelled non-immigrant visa, and put behind bars. He sought political asylum but US courts repeatedly rejected his plea and ordered his deportation.

Bolante was ordered arrested by Villar on the strength of an arrest warrant issued in 2005 by the Senate, which in turn was recommended by the agriculture committee then chaired by Magsaysay.

But Senate President Pro Tempore Jinggoy Estrada is doubtful that Bolante was in a fragile condition.

?His only purpose in going to the hospital is to prolong the investigation,? Estrada told dzMM radio. ?It?s 101 percent, he?s not sick.?

Ombudsman probe

The Office of the Ombudsman has started a preliminary investigation on Bolante?s case and expects to complete the probe in three months, Assistant Ombudsman Jose de Jesus Wednesday told the Philippine Daily Inquirer (parent company of INQUIRER.net).

De Jesus said an order had been sent to Bolante to file a counteraffidavit within 10 days to answer the charges of graft and illegal use of public funds against him.

?As far as I know, it was he (Bolante) who received the order,? De Jesus said.

But Harry Roque, a law professor of the University of the Philippines, said the Ombudsman was doing ?too little, too late.?

?Whether or not Bolante is in the country, charges could have and should have been filed against him way before,? Roque said.

He said the belated action by the Ombudsman ?only proves that the office intentionally sat on the case to give Bolante the excuse in his deportation case that there are no charges filed against him.?

?The Office of the Ombudsman has absolutely no credibility,? he said.

Dragging its feet

De Jesus explained that once Bolante filed a counteraffidavit, the criminal cases could be submitted for resolution.

At this point, Ombudsman Merceditas Gutierrez can either order the charges dismissed or elevated to the Sandiganbayan.

The Ombudsman has been heavily criticized for dragging its feet on Bolante?s case.

Even Special Prosecutor Dennis Villa-Ignacio said there was no need for Bolante to come home for the Ombudsman to file charges against him.

But De Jesus defended the office, saying collating evidence in the case was a difficult process and was still ongoing.

?[The delay] can?t be helped. The case takes time, especially the fact-finding aspect. There is no truth that we sat on the case,? he said.

De Jesus also pointed to the large scope of the case, which covered all 17 regions and involved a total of 181 transactions.

He said his team had to talk to 103 congressmen, 49 governors, and 29 municipal mayors ?scattered all over the country.?

?Our team had to dig for records to establish the paper trail from the Department of Agriculture all the way down to the farmer-beneficiaries,? he said.

De Jesus also said the issuance of the order to Bolante was just ?incidental? to the latter?s return to the country.

?We have said that we welcome his return so our investigation can be complete. Our preliminary investigation is still going on. It is not yet finished,? De Jesus said. With reports from Michael Lim Ubac, Marlon Ramos and Leila B. Salaverria