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Saturday, December 06, 2008
Bolante seeks release from Senate custody
MANILA -- Former agriculture undersecretary Jocelyn "Joc-Joc" Bolante asked the Supreme Court (SC) Friday to order his release from the Senate's custody or allow him to post bail.
The filing of the petition came just weeks after Bolante withdrew his petition for the issuance of a temporary restraining order (TRO) enjoining the Senate from arresting him for his failure to appear in its inquiries into the P728-million fertilizer fund scam in 2006.
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Bolante, tagged as the master architect of the fertilizer fund scam, had previously asked the SC in two other separate suits to stop his appearance before the Senate.
A separate petition for habeas corpus was filed by his son Owen before the Court of Appeals (CA) questioning the Senate's decision to place him under detention upon his arrival from the US after the American government denied his request for political asylum.
In his new petition, Bolante also asked the SC to declare his arrest and detention "unlawful" and to direct the permanent release of petitioner from respondent's custody.
"A scrutiny of the facts would reveal that respondents were only be able to determine that petitioner's testimony was false and evasive when the same contradicted their conclusion that he was the main architect as well as the brains and implementer of the so-called fertilizer fund scam. Apparently, insofar as respondent Blue Ribbon and its members are concerned, any answer given by petitioner contrary to their conclusion that he was the 'architect' and brains behind the scam is false and evasive," he said through lawyer Antonio Zulueta.
Bolante claimed that under Rule 18 of the Senate rules governing inquiries in aid of legislation taken in the light of the pronouncement made in Neri v. Senate, a majority of 17 senators, or nine, must be physically present when the alleged false or evasive answers were given.
He said that since he was cited for contempt for alleged false and evasive answers given at the hearings of November 13, 25 and 28, the contempt order is "defective" since it was only on the very first hearing November 13, that there were at least nine senators present.
In the second and third hearings, he said there were only six senators who were physically present.
Bolante also said that the Blue Ribbon committee "has yet to specify which of petitioner's answers were false or evasive," while at the same time acting as accuser, judge and executioner.
"Worse, petitioner is now being detained at the Office of respondent sergeant-at-arms without him even being given the chance to explain his supposed false and/or evasive answers," he said.
He argued that the "issue of whether or not a witness in a Senate hearing is lying or giving 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 also claimed that the proceedings have no legislative purpose of any kind whatsoever, and that the Blue Ribbon committee does not have the authority to conduct the same.
Thus, Bolante said, his arrest for the second time was a clear violation of his right to due process.
Named respondents in the new petition were Senate sergeant-at-arms Jose Balajadia Jr., Senate President Juan Ponce Enrile, and the Blue Ribbon committee through its chairman Senator Richard Gordon.
Bolante fled to the US at the height of the investigation mounted in 2005 by the respondent Senate committees on agriculture and the Blue Ribbon.
The money from the agriculture fund was originally intended for the procurement of fertilizer, equipment, and other farm implements. It was allegedly misused to bankroll the candidacy of administration bets in the 2004 elections.
Bolante was cited for contempt and subsequently ordered to be arrested on December 12, 2005 after his failure to attend the joint committee hearings scheduled on October 6 and 26, November 17 and 24, and December 12, 2005, despite subpoenas sent to him. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Zamboanga. (December 6, 2008 issue)
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