Judge orders Joc-joc Bolante “removed” from USA

June 4, 2008

It’s the end of the line for former Department of Agriculture (DA) Undersecretary Jocelyn “Joc-joc” Bolante in his bid to seek political asylum in the United States on claims that he is being politically persecuted by the Philippine Senate to get back at President Arroyo.

The US Immigration Court not only threw out Bolante’s appeal by denying his asylum bid plus his application for withholding removal case, but US Immigration Judge George Katsivalis also ordered that the “respondent (Bolante) be removed from the United Sates to the country (Philippines)” as required by US law.

The former undersecretary alleged to be the brains behind the P728-million fertilizer scam, if he does not appeal his case before the US Supreme Court, will have to be deported to the Philippines.

The court found that Bolante and three of his witnesses, two of whom are sitting Arroyo Agriculture udersecretaries, one of whom is Felix Montes, failed to prove that the former Arroyo official was being persecuted in his country.

Lawyer Harry Roque, who has been following the case , sent the Tribune court documents which he had obtained.

Clarifying the issue, Roque said: “The court did not find the witnesses for Bolante to be material nor credible.The other two witnesses were his son Owen, DA Undersecretary and retired Maj. Gen. Rodolfo Estrellado. Montes, who still sits as President Arroyo’s DA undersecretary, testified that ‘Bolante’s

life is in danger for many reasons and that there are 755 political killings in the Philippines which remain unsolved.

The Court did not believe the testimony of these witnesses. As to Montes, the court noted that the Senate has identified Montes as equally guilty with Bolante on the fertilizer scam and yet, he remains at large. Estrallado’s testimony was largely ignored by the Court.

In denying the appeal, the Board of Immigration Appeals ruled that Bolante was unable to prove either past or future persecutions.

Roque pointed out that the Board ruled that ”legitimate prosecution or investigation has never been held to constitute persecution… That he might be very well be arrested upon his arrest does not support Bolantes claim of persecution on account of a ground that is protected under the INA.

“Bolante is the subject of an investigation relating to allegations that he assisted in a scheme to misappropriate over $14.5 million in fertilizer subsidy known as the fertilizer scam…There appears to be a fair amount of outcry over the scam… By all accounts, respondent is widely known to be closely tied to the alleged fertilizer scam and consequently, he was called to testify before the Senate.. officials are not seeking to persecute on account of political opinion, but instead, are seeking to prosecute for violations of law.”

Roque together with UP Law Professors Merlin Magallona, Raul Pangalangan, and lawyer Romel Bagares filed an opposition to Bolante’s petition for political asylum.

The BIA, in a decision issued on June 25, 2007 held that Bolante did not present any evidence of past mistreatment or harm. It noted that there were presently no charges pending against the respondents with regard to the fertilizer scam and only an arrest warrant for his failure to appear and testify before the Senate committee.

“For all the reasons noted by the Immigration Judge, we agree that the respondent failed to establish that he suffered past persecution or a well-founded fear of future persecution on account of his imputed political opinion,” the BIA said.

Bolante left the country at the height of the Senate’s investigation into the alleged fertilizer scam and was Bolante was arrested and detained in Los Angeles on July 7, 2006 after airport authorities found him in possession of a revoked US visa.

The visa was revoked after Bolante was tagged by the Senate as the mastermind of the scam. The former agriculture official later applied for political asylum saying that he fears returning to the country because there is a bounty for his capture due to his failure to comply with the subpoena of the Senate.

He added that he believes that any number of criminal and political groups will seek his capture in order to collect on the bounty.

Bolante claimed he believes the government of the Philippines will not be able to protect from him from these groups.

But the court said that legitimate prosecution or investigation for a crime has never been held to constitute persecution…Certainly, the government of the Philippines (including the Senate) has the right to investigate allegations of corruption by other members of the government.

“Therefore, it is clear that the Senate of the Philippines has the right to investigate allegations that the respondent was involved in diverting agriculture funds for illicit purposes.”

Malacañang, commenting on the developments, yesterday assured that it will not block the deportation and testimony of Bolante.

Executive Secretary Eduardo Ermita said that Bolante is now a private individual so he is free to do whatever he wishes, including facing the controversial P728 million fertilizer fund scam.

Ermita said President Arroyo is not worried about the possible Bolante’s possible deportation and its effect on the political stability of her administration.

“As long as we follow the legal procedure, there is nothing to worry about, we will have to allow him to face what he should face. He should face it as a private citizen , and the government will not interfere,” Ermita said. “We just have to follow rule of law.”

The Senate took it as a victory of sorts, with deportation proceedings being in order for Bolante after his asylum bid was denied.

Opposition Sen. Panfilo Lacson said this yesterday.

Over P700 million in funds for farm feeds of farmer-beneficiaries, allegedly ended up in the campaign kitty of the administration. The Senate recommended charges of plunder to be filed by the Ombudsman against Bolante, but the Ombudsman has sat on the case for at least two years.

Lacson, in an interview with reporters, also said that re-opening of case for continuance of the probe should also be effected when Bolante is extradited or deported to the country.

But Justice Secretary Raul Gonzalez, however, said such can only be taken up by the government if there is a criminal case against Bolante pending in courts. With Sherwin C. Olaes and Angie M. Rosales

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