Bolante rejects consular help

WASHINGTON — Former agriculture undersecretary Jocelyn Bolante, who was arrested by US immigration officials in Los Angeles last July 7, rejected consular representation at an immigration hearing of his case, following Malacañang’s reported refusal to help post a $100,000 bond for his temporary release.

"He requested the hearing on Wednesday be held privately so we did not send a representative," Consul Helen Barber said.

Barber said she did not know what transpired at the hearing and a spokeswoman for the immigration and customs enforcement in Los Angeles said she could not immediately comment on the case.

Bolante was detained on arrival at Los Angeles airport from Seoul after his B1-B2 visa was canceled.

The B visa category is reserved for individuals seeking to enter the United States for short periods for business or pleasure. A B1 visa allows foreign doctors or scientists to enter the US to attend meetings and conferences while a B2 visa is for all tourist-related travel, including visiting friends and relatives. 

The Consulate General in a statement said all queries about Bolante should be coursed through his Manila lawyer Antonio Zulueta.

At a press conference yesterday, Justice Secretary Raul Gonzalez denied insinuations that the Arroyo administration had a hand in the cancellation of Bolante’s US visa.

Gonzalez said the government wants to distance itself from Bolante’s case as it might trigger more speculations.

"Right now, that (Bolante’s case) is between the US government and Bolante. The government has nothing to do with it," he stressed.

Gonzalez also clarified that Bolante cannot avail himself of political asylum in the United States because the case he is facing is not political in nature. It is expected, he said, that Bolante would be deported to the country by the US government because of his visa problem.

Individuals arrested for visa-related cases are immediately sent back to their country of origin. However, in Bolante’s case, the former agriculture official was arrested and detained, which required the involvement of both countries’ law enforcement authorities, fanning speculations that it was not merely a consular matter but involves serious charges.

US Ambassador Kristie Kenney, in a chance interview at the Dusit Hotel in Makati City, insisted however that it is a law enforcement issue.

"It is a matter that our law enforcement authorities are coordinating on. So, I can’t have any comment or information to say because it is a law enforcement issue," Kenny said. "I am really pleased with how well our law enforcement authorities work together. It is really a big example of the kind of cooperation that we have."

Meanwhile, the US Immigration has yet to announce the reason for the cancellation of Bolante’s visa.

Barber told The STAR that the Philippine Consulate General in Los Angeles first became aware of Bolante’s arrest after his son called Ambassador Willy Gaa Friday night to inquire about his father.

Gaa asked the consulate legal officer Naomi Diaz to look into the matter and found out Bolante was being held at the San Pedro detention center near Los Angeles.

Clamor for extradition

Sen. Ramon Magsaysay Jr., chairman of the Senate committee on agriculture, said the pressure is now on the Office of the Ombudsman to file a case against Bolante to facilitate his extradition from the US.

Various groups have clamored for Bolante’s extradition to the Philippines, including the staunch anti-Arroyo group Laban ng Masa (LnM).

"If they are really interested in clearing the administration, then they should do what they have to do to bring back Bolante here in the Philippines," LnM chairman Francisco Nemenzo told reporters following a press conference of the Alyansa ng Maliliit na Magbubukid at Mangingisda (AMMM), who were also pressing for Bolante’s extradition.

"The point is not mainly about Bolante’s return to the country. What we are after, as with the rest of the Filipino people, is to know the truth about the fertilizer scam. It is in our interest that Bolante returns to shed light on the issue," Nemenzo added.

Bayan Muna Rep. Joel Virador said it is the duty of the government to extradite Bolante. "It is best for Malacañang to initiate the extradition of Bolante to shed light on the controversies which also involves them. Otherwise, this administration is evading justice all in the name of saving the illegitimate president," militant lawmaker said.

In light of the clamor, Magsaysay said he has written Ombudsman Merceditas Gutierrez to emphasize the urgency of resolving the fertilizer fund scam, which has Bolante as one of the principal suspects.

"With the arrest of Bolante in Los Angeles last July 7, it is imperative that the necessary charges are immediately filed by the Office of the Ombudsman to facilitate his extradition to the country and to strengthen the Philippine government’s grip on Bolante," Magsaysay said.

Without a warrant of arrest issued by a judge against Bolante, the Philippine government cannot request for extradition of Bolante from the US government.

In his letter dated July 13, Magsaysay also reminded Gutierrez that the Senate had already turned over to her office all the necessary documents and evidence regarding the fertilizer fund scam last Feb. 20.

A committee report approved by the Senate on its investigation into the fertilizer fund has also been submitted to the Ombudsman last March 1.

Magsaysay also wrote to Presidential Anti-Graft Commission (PAGC) chairman Dr. Constancia de Guzman inquiring about the status of the fertilizer fund scam.

"Our investigation is ongoing. We are still gathering documents from the auditors of local government units," De Guzman said, noting though that although the PAGC is conducting a probe on the fertilizer fund scam, Bolante is no longer covered by the probe, as he is no longer connected with government.

"We are only concerned with the administrative aspect of the case. It is the Office of the Ombudsman who should investigate him (Bolante)," she said.

‘Come home, clear your name’

Executive Secretary Eduardo Ermita admitted yesterday that the government could not seek the extradition of Bolante since there were no formal charges against him in Philippine courts.

He said it would be better if Bolante, amid his visa problems in the US, would just come home and voluntarily face investigations here.

Press Secretary Ignacio Bunye said Bolante could explore all legal options available to him, including asylum. He said Bolante would be given "proper consular assistance" but remarked that the former official had not asked Manila for help.

"In fairness, he never asked the Palace to help him. We are confident that he will be accorded due process by the US authorities and that this matter will be cleared up in due time," Bunye said.

He did not comment though on opposition calls for Bolante to be extradited so he can be investigated for allegedly acting as President Arroyo’s bagman in dispensing money to help her win in the hotly contested May 2004 presidential elections.

"There is a process for extradition. We leave this to US authorities," he said, reiterating that what is important now is to ensure that his rights as a citizen are protected.

Anakpawis Rep. Rafael Mariano, however, expressed doubts on the sincerity of the Arroyo administration to force Bolante back to the country.

"Mrs. Arroyo will not allow fertilizer scam probers to have access to Bolante," he said. "If the government is serious in getting to the bottom of the fertilizer scam, it should take active steps to immediately extradite Bolante."

For his part, Parañaque Rep. Roilo Golez said he believes the Bolante case is more of a deportation than an extradition case.

"Extradition is government to government, assuming our government is initiating the extradition. I doubt if the government would initiate," he said.

Bolante is linked to an alleged P3-billion scam where funds of the Department of Agriculture were reportedly channeled to politicians who helped campaign for Mrs. Arroyo in the hotly contested May 2004 presidential elections.

A Senate committee investigating the scandal ordered his arrest after it found strong probable criminal culpability on his part and former agriculture secretary Luisito Lorenzo.

Lorenzo is believed to be living in the Maryland area near Washington DC. He was spotted last month at an annual Filipino fair to celebrate Independence Day. — With Jose Rodel Clapano, Pia Lee-Brago, Marvin Sy, Aurea Calica, Paolo Romero, Delon Porcalla, Ding Cervantes, Mike Frialde, Katherine Adraneda, AFP