The Senate has allowed former Agriculture Undersecretary Jocelyn 'Joc-joc' Bolante to stay at St. Luke's Medical Center even after his doctors ordered him discharged, but he has to appear before the Senate blue ribbon committee on Thursday for the resumption of the probe on the P728-million fertilizer fund scam.

The Senate received a letter from Bolante at 2:30 pm Monday asking that he be allowed to stay at St. Luke's while vowing to appear before the Senate probe, which has been set at 9:30 am on Thursday.

Senator Alan Peter Cayetano, chairman of the Senate blue ribbon committee, said all senators agreed for "humanitarian reasons" to Bolante's request that he stay at St. Luke's.

Cayetano said they would also like to show the courts that they respect the rights of witnesses.

New probe endorsed

The Senate rules committee, headed by Sen. Francis Pangilinan, met on Monday afternoon and endorsed a new investigation on the fertilizer fund scam. It also upheld that the Senate's arrest warrant on Bolante issued in 2005 by the 13th Congress, was still valid.

But administration Senator Juan Ponce Enrile opposed the arrest of Bolante on the ground that the new hearing must first be called before Bolante can be summoned and arrested if he refuses.

Earlier, Bolante's physician gave the go-signal for the Senate sergeant-at-arms to bring Bolante to the Senate after completing his medical tests.

"I have given the order to discharge him. His [medical] exams are already  finished," said Dr. Romeo Saavedra, his attending physician.

Doctors did not find any life-threatening illness on Bolante, which may require an urgent operation or his continued stay at St. Luke's Medical Center.

Saavedra said he has called Senate physician Dr. Mariano Blancia to inform him that Bolante can already leave the hospital.

He said Bolante can now appear before the Senate, and advised him to take medications in case he becomes stressed.

Bolante was whisked to the St. Luke's hospital after his deportation from the US last October 28.

Holding area prepared

Senate Sergeant-at-Arms Jose Balajadia told ANC they are ready to bring Bolante to the Senate once he is discharged.

He said a holding area has been prepared at the Senate for Bolante.

In case Bolante's habeas corpus petition is approved by the Court of Appeals, Balajadia said they will produce Bolante before the court and await the court's decision.

Bolante, believed to be the architect behind the diversion of P728-million in fertilizer funds for President Arroyo's election campaign in 2004, was taken into custody by the Senate sergeant-at-arms on the basis of an old arrest warrant issued by the 13th Congress.

Dr. Saavedra justified Bolante's immediate medical confinement after his arrival from the US, saying his patient complained of chest pains and had fluctuating blood pressure.

Bolante underwent a battery of medical tests, including stress test, gastroscopy, colonoscopy, CT scan of the whole abdomen, coronary CT angiography, prostate tests, but doctors found no life-threatening illness.

Doctor said Bolante suffers from peptic ulcer, sleep apnea, and esophagitis.

Bipartisan support

On Monday, Senate majority floorleader Francis Pangilinan said the Senate would try to seek a consensus on having Bolante appear at a hearing of the Senate blue ribbon committee late this week.

In an interview with ANC, Pangilinan said he believed there was "bipartisan support" for Bolante's appearance before the Senate despite opposition from some administation senators such as Edgardo Angara and Joker Arroyo.

Angara has said Bolante should no longer appear before the Senate since it has already concluded its investigation on the P728 million fertilizer fund.

He said the investigation should now be left with the Ombudsman, which is still conducting a preliminary investigation on the fertilizer fund.

The Ombudsman has given Bolante until today to submit his reply on the alleged misuse of the fertlizer funds by around 200 local allies of President Arroyo in the 2004 election campaign.
 
As of posting, the senators were meeting to discuss the issues surrounding Bolante's appearance before the Senate.

Pangilinan said the Senate will discuss Bolante's contention that the Senate's arrest warrant is no longer valid since it was issued by the previous Congress and that the upper house's probe is already finished.

Pangilinan said he supports the view that the Senate investigation is not yet finished since even the report of the 13th Congress said the probe cannot be closed without Bolante's testimony.

He said more facts and data are needed to "complete the puzzle" on the fertilizer fund.

However, Pangilinan said Bolante may opt to keep silent on the controversy by invoking his right against self-incrimination.

Meanwhile, House Speaker Prospero Nograles told ANC he also believes that the investigation on the fertilizer fund should be left with the Ombudsman.

However, he said the House agriculture committee headed by Rep. Abraham Mitra can hold a hearing if it wants to as part of Congress' oversight function.

Mitra has called a hearing on Wednesday and he wants Bolante to appear before the House of Representatives to shed light on the fertilizer fund. 

Nograles said the hearing can attempt to find ways of plugging loopholes ini the agri-agra law, stressing that the  hearing should have a legislative output. -- with reports from LYNDA JUMILLA, TIMI NUBLA, ABS-CBN News