Senator Mar Roxas on Friday asked the Department of Justice (DOJ) to issue a hold departure order (HDO)against former Agriculture Undersecretary Jocelyn “JocJoc” Bolante upon his return to the Philippines next week.
 

He said the HDO is necessary to help ensure that Bolante will not escape possible prosecution for graft cases related to the P728 million fertilizer fund which was diverted to President Arroyo's election campaign in 2004.

He asked Justice Secretary Raul Gonzalez to order the Bureau of Immigration to put Bolante in its hold order list since the warrant of arrest issued by the Senate during the 13th congress against Bolante was said to have lapsed.

"Ang unang dapat gawin ng DOJ ay siguruhing hindi makakatakas ulit si JocJoc Bolante. Masamang ehemplo na palusutin siya sa gitna ng malakas na ebidensya na siya nga ang nasa likod sa paglustay ng P728 million na pondo ng bayan," said Roxas.

Roxas also called the Senate to act on his resolution calling for the convening of the Senate as a committee of the whole so it can reopen its probe into the fertilizer fund scam.

The senator said the committee will have to summon Bolante back to testify on the issue upon his deportations from the US.

Arrest warrant remains valid

Senator Francisco “Kiko” Pangilinan, meanwhile, insisted that the Senate-issued arrest warrant against Bolante remains valid.

"I stand by my position that unless later withdrawn by a majority of the members of the agriculture committee, the warrant of arrest remains valid and enforceable because the senate is a continuing body and any issuances remain in force until withdrawn,” he said.

Pangilinan said that Bolante’s arrest and deportation proceedings in the US was based on the warrant issued by the Senate.

“He can be arrested anytime by the Senate Sergeant-at-Arms upon his return," he said.

Bolante due next Tuesday

Bolante is expected to be deported back to the Philippines Tuesday next week.

A source, who had seen the US Department off Homeland Security's deportation order on Bolante, told radio dzMM on Friday that Bolante will be sent back from the US on October 28.

The source said Bolante will take a Northwest Airlines plane and will arrive at 10:45 p.m.

News of Bolante's arrival came as he asked the Philippine Supreme Court on Wednesday to nullify the arrest warrant issued by the Senate nearly three years ago.

Bolante made the appeal in a five-page manifestation for certiorari, prohibition and injunction with prayer for a temporary restraining order.

In his petition, Bolante said the Senate had already finished its investigation on the fertilizer fund scam. Thus, the arrest order issued on December 12, 2005 is already moot and academic.

Bolante said the Senate had submitted its final committee report on the fertilizer fund investigation in March 2006.

He said there is no longer any reason why he should be compelled to appear before the Senate.