What did Joc-Joc do to need $100T bail? - Malaya 07.14.2006

Magsaysay: Likely a criminal offense, not visa violation

SEN. Ramon Magsaysay Jr. yesterday said "gut feel" tells him that the arrest of former Agriculture Undersecretary Jocelyn "Joc-Joc" Bolante in Los Angeles on July 7 was not visa-related because of the $100,000 bail set.

"It could be something criminal. It could be something that has to deal with some US transactions, maybe an American partner, etc., or any other case that would require such a big amount of $100,000 as bail," Magsaysay said.

Matthew Lussenhop, spokesman for the US embassy in Manila, declined to talk on Bolante’s arrest. "It’s a law enforcement matter. It’s not appropriate for the Embassy to comment."

Sources said Bolante’s son, Anthony, arrived in Los Angeles this week and asked First Gentleman Mike Arroyo to help bail out his father.

Bolante was arrested by immigration authorities over problems with his visa. He is detained at the San Pedro Detention Center in California.

DFA spokesman Gilberto Asuque said the consulate general in Los Angeles was informed by the US Immigration and Naturalization Service that Bolante’s family has requested privacy in the hearing of his visa-related case held Wednesday.

"They don’t want anyone poking in the case. So we will abide by the request but the consular office in Los Angeles is still willing to extend any consular assistance to Mr. Bolante," Asuque said.

Asuque said all questions regarding Bolante’s arrest should be referred to his lawyer, Antonio Zulueta.Zulueta was not available.

Magsaysay is chair of the committee on agriculture and food, which recommended the filing of plunder charges against Bolante and former Agriculture Secretary Luis Lorenzo for the anomalous disbursement of P728 million in fertilizer funds.

The funds were reportedly diverted to the 2004 campaign kitty of President Arroyo to buy the support of congressmen and local officials.

In a letter to US Ambassador Kristie Kenny, Magsaysay requested for "immediate verification and relevant information" on the arrest of Bolante.

"Information must be crystallized and must be disseminated to all those concerned and interested. It is consistent with my committee’s constituencies’ pursuit – the farmers’ quest for the supremacy of reason and obedience to justice," he said.

Magsaysay asked the Ombudsman and the Presidential Anti-Graft Commission (PAGC) to finish its investigation so that charges could be filed against Bolante.

"With the arrest of Bolante in Los Angeles, it is imperative that the necessary charges are immediately filed by the Office of the Ombudsman to facilitate his extradition to the country and to strengthen the Philippine government’s grip on Bolante," he wrote Ombudsman Merceditas Gutierrez.

Magsaysay reminded Gutierrez that the Senate committee on agriculture and food turned the necessary documents and evidence to her office as early as Feb. 20, 2006, including the committee report.

He said the Ombudsman also created a task force to look into the fertilizer scam. The task force has yet to come up with a report.

Magsaysay said if the Ombudsman fails to act "in a couple of weeks," his Senate committee will be forced to re-open the probe.

Magsaysay also demanded "results" from PAGC chair Constancia de Guzman on the parallel investigation.

"To this end, allow me to follow up the actions taken, the conclusions made, the names of witnesses called, the dossiers evaluated, the procedures followed and all relevant information gathered and collated by the Commission," he said in a letter dated July 13.

He recalled that the PAGC special team conducted hearings after the Holy Week and was expected to submit its report last May.

Magsaysay said the PAGC report becomes more "significant vis-à-vis the recent apprehension and detention of former Usec Jocelyn Bolante in the US who may be requested to shed light and details on the fertilizer fund."

HAVE TO WAIT

Justice Secretary Raul Gonzalez said the extradition of Bolante might have to wait until he is indicted in the fertilizer fund scam.

"Maybe we should first wait until the Ombudsman has done something about it or the Ombudsman is now ready to pursue the case… I don’t think the Senate warrant of arrest can still be used as a basis to extradite him, but the case at the Ombudsman can be used as a basis, which also indirectly comes from the Senate. That, I think, is the proper way," Gonzalez said.

Gonzalez said it would be futile to request for extradition at this time, noting that in the cases of Charlie "Atong" Ang and Nida Blanca murder crime suspect Rod Strunk, the US junked the requests for their extradition due to absence of charges against them.

"Kung merong request for extradition we will process that. Normally ang extradition sa DOJ ang daan noon. If the request is from the Senate, there will be an application from them for extradition purposes and that will be processed between us and the US authorities," he added.

Gonzalez said he received reports that Bolante has applied for asylum, which he said could further dim the chances of bringing him back home.

But he doubted Bolante would be entitled to US asylum as he was hardly persecuted for a political offense.

"The case with the Ombudsman is not a political offense. Asylum can be granted if you are being persecuted … He is an instrument of political infighting in the Philippines but I don’t think that is political persecution," he said.

Gonzalez said it is the duty of the government extend legal assistance to Bolante "just like an OFW (overseas Filipino worker) in trouble."

"We went to great lengths in saving these OFWs who are in trouble. In some instances, the government helped in putting up blood money. So we owe also Joc-Joc Bolante the same kind of treatment without giving political color to that," he said.

House minority leader Francis Escudero said Bolante could spill the beans on the fertilizer scam if Malacañang would not help him in is case.

"Puwede siyang bumaliktad," he said in a radio interview.

Escudero, secretary general of the United Opposition, said it is possible that Bolante could turn "state witness" against the President.

"Qualified po siya … kung siya ay tetestigo laban sa mas marami at mas mataas na opisyal sa kanya. Pero kung siya ang pinaka-guilty sa lahat ay hindi po siya puwedeng maging witness," he said.

The fertilizer scam is one of the main charges in the new impeachment complaint against the President, which falls under graft and corruption.

Rep. Roilo Golez (Ind., Parañaque) said Bolante has no right to apply for a political asylum in the US because what he is facing is more of a deportation than an extradition case.

"How can someone considered to be one of the closest political allies of the powers-that-be in the Philippines apply for political asylum? That’s only if he faces persecution for political reasons. In my opinion, he is not a victim of political persecution but a beneficiary of political protection here," he said.
Golez said it is impossible for the government to initiate an extradition.

"Extradition is government to government, assuming our government is initiating extradition. I doubt if the government would," he said.

"On the other hand, deportation is a unilateral action of the US government if they decide Bolante is an illegal entrant or undesirable alien. If deported, he can be met at the Ninoy Aquino International Airport by the Senate arresting team," he said.

The Laban ng Masa coalition dared government to facilitate Bolante’s early extradition.

"The point is not mainly about Bolante’s return. What we are really after, as with the rest of the Filipino people, is to know the truth about the fertilizer scam…it is in our interest that Bolante must come back to shed light on the issue," Laban ng Masa chairman Francisco Nemenzo said in a press conference.
"The return of Bolante is dependent on the political will of this government … Whatever action that the government would take would reflect its position, its sincerity to (end) all these controversies and find the truth," he said.

Press Secretary Ignacio Bunye said government would ensure that Bolante would have access to a lawyer and that his rights would be upheld.

He clarified that Bolante never asked any favors from government.

Reports said Bolante after being held at a Los Angeles airport due to problems in his visa had solicited assistance in paying the $100,000 bond imposed by the US court.

"Mr. Bolante was detained in the US apparently for some glitch in his visa. Like any other Filipino citizen, he will be given the proper consular assistance. In fairness, he never asked the Palace to help him out of his predicament. We are confident that he will be accorded due process by the US authorities and that this matter will be cleared up in due time," he said.

Executive Secretary Eduardo Ermita said it would be in the interest of Malacañang if Bolante would return to help clear up the fertilizer fund anomaly.

Ermita, however, said the government would not initiate the extradition as the Ombudsman has not come up with any charges against him. – Dennis Gadil, Evangeline de Vera, Wendell Vigilia, Reinir Padua and Jocelyn Montemayor