(UPDATE) Villar orders Bolante's arrest
Posted at 10/27/2008 7:14 PM | Updated as of 10/27/2008 8:06 PM
Senate President Manny Villar has ordered the arrest of former Agriculture Undersecretary Jocelyn “Jocjoc” Bolante who is expected to arrive in the country Tuesday after his deportation from the US.
“I issued an instruction to Gen. Jose Balajadia Jr., the Senate Sergeant-at-Arms, to implement the arrest warrant issued by the Senate in December 2005 against former Agriculture Usec. Jocelyn "Joc-Joc" Bolante for the failure to attend the public hearings of the Committees on Agriculture and Food and Accountability of Public Officers and Investigations (Blue Ribbon) on the P728 million Fertlizer Fund Scam,” Villar was quoted in a statement released by his office.
Villar insisted that the 2005 arrest order is still valid.
“To argue that the citation for contempt or arrest order approved by the Senate had lapsed automatically with the adjournment sine die of the 13th Congress would result in an absurd situation where a person held in contempt would just ignore and evade the Senate order until the adjournment of the session,” said Villar.
Villar said that personnel from Senate’s Office of the Sergeant-at-Arms are to dispatched to the Ninoy Aquino International Airport Terminal I with specific instructions to arrest Bolante on sight and bring him to the Senate.
The order from the Senate President meanwhile was confirmed by Senate Sergeant-at-Arms Jose Balajadia who received the order from Villar, who is currently out of the country.
“He called me up and said go ahead and arrest Mr. Bolante tomorrow,” Balajadia said in an interview over ANC.
He said the Villar called him up around 4 p.m. Monday.
Balajadia said he has already prepared a team to arrest Bolante upon his arrival at the Ninoy Aquino International Airport Tuesday night.
“Anyway, I still have the arrest orders with me,” said Balajadia.
When asked about the legal issues raised by Bolante’s lawyer Atty. Antonio Zulueta, Balajadia said it is “not for him to consider anymore.”
“What can happen here is that you show me a TRO (temporary restraining order) from the Supreme Court. You show me any document that I should not take hold of Bolante. If they could not show me anything, I'll have to get Bolante,” said the Senate Sergeant-at-Arms.
Earlier, Zulueta insisted that Bolante can not be arrested since the Senate has wrapped up is investigation into the fertilizer fund scam.
“The purpose for which the warrant of arrest was issued no longer exists it became moot and academic when the Senate terminated its proceedings and submitted its final report,” he said.
Zulueta said the Senate needs to issue another invitation to Bolante if they reopen the probe. The lawyer, however, said it may only be a waste of taxpayer's money.
Bolante has asked the Philippine Supreme Court on Wednesday to nullify the 2005 arrest warrant.