Former agriculture undersecretary Jocelyn "Joc-joc" Bolante may breathe a sigh of relief since he would not be arrested once he returns to the Philippines from the United States, Justice Secretary Raul Gonzalez said Wednesday.

Gonzalez said Bolante, whose petition for asylum was denied by the US Court of Appeals and is expected to be deported soon, has no pending warrant of arrest in Philippine courts and therefore is safe from being taken into police custody.

However, he said that if the Senate decides to revive its pending warrant of arrest for Bolante in connection with his non-appearance before the hearings for the fertilizer fund scam, he might be arrested.

"If he's returned to the Philippines, what shoulld we do with him? He doesn't have a criminal case yet. If he arrives I don't think we can arrest him, unless [the] Senate enforces [an] arrest before," Gonzalez said.

Gonzalez also said that the Arroyo administration is not threatened by anything that Bolante might say, especially regarding the fertilizer fund scam.

"I dont believe that whatever he says can still affect President... this has been pounded for so many years. Lumang isyu na ito," he said.

'Arrest Joc-joc immediately'

On the other hand, Sen. Francis Escudero said that Bolante should immediately be arrested once he steps out of the plane upon his arrival.

"Welcome home at welcome back. ngayon ay kailangan niya ng harapin ang plunder case na nakasampa sa kanya," Escudero said.

Escudero also said it would be better if the former undersecretary faces the Ombudsman regarding a case related to the fertilizer fund scam before he faces the Senate's investigation on the matter.

Even though the Senate investigation is currently closed, Bolante, said Escudero, might be forced to face the Senate if he is also connected to the so-called swine scam.

Lawyer Harry Roque said Bolante is also involved in the P2-billion swine scam, because he sat at the board of Quedancor as the representative of the Department of Agriculture when the said program was approved. Roque also said Bolante was a board member at the Land Bank of the Philippines when the Quedancor loan was approved.

Sen. Alan Peter Cayetano, chair of the Senate Blue Ribbon Committee, also said the fertilizer fund scam probe should be reopened, and should zero in on identifying other people who are involved in the issue.

'End of line' for Joc-joc

Earlier, Roque said the denial of Bolante's petition is the "end of the line" for the former undersecretary.

"Although he is entitled to go further and appeal to the Supreme Court, it is highly unlikely that the highest court of the US will overturn the denial by the Chicago Immigration Court, the Board of Immigration Appeals and the US Court of Appeals," said lawyer Harry Roque, who has been closely monitoring Bolante's case in the US.

Roque did not elaborate on the details of the court's decision though he said additional information and a copy of the decision will be follow.

With the decision, Roque said that it is high time Bolante answer the demands on who ordered him to allegedly funnel funds meant for fertilizers for farmers to the campaign kitty of President Arroyo during the May 2004 elections.

Meanwhile, Sen. Panfilo Lacson, a member of the Senate panel probing the fertilizer fund scam, welcomed the development.

“Welcome back Joc-joc. It's about time, kailangang  maliwanagan na ang isyu ukol sa fertilizer scam kasi siya lang ang puwedeng magsabi ng detalye ukol dito dahil siya lang ang nakakaalam… kaya welcome back Joc Joc," he said.

Bolante was arrested by immigration authorities upon arriving at Los Angeles International Airport from Seoul, South Korea, on July 7, 2006 after he was caught using an expired tourist visa.

Bolante has been ordered arrested by the Philippine Senate for repeatedly failing to attend hearings on the fertilizer fund scandal.

The Senate decided to probe the fertilizer fund after the Commission on Audit confirmed that the fertilizer used in the Ginintuang Masaganang Ani program was overpriced by at least P127 million.

COA records show that more than 100 of the 236 members of the House of Representatives, 53 governors and 26 town mayors received between P3 million and P10 million each in fertilizer funds from the DA shortly before the May 2004 election. With reports from Marieton Pacheco and Maricar Bautista, ABS-CBN News