A PETITION of former Agriculture Undersecretary Jocelyn “JocJoc” Bolante seeking asylum in the United States has been denied twice.
Both the Chicago Immigration Court and the Board of Immigration Appeals have ruled that Bolante has failed to prove his fear of persecution from the Philippine Senate.
The Senate is investigating Bolante on his alleged involvement in the diversion of the P728 million fertilizer fund to the campaign kitty of President Gloria Arroyo in 2004. No case has been filed against him by the Office of the Ombudsman
The former agriculture undersecretary has been detained in the U.S. since on July 7, 2006 on charges of violating immigration laws.
Bolante has appealed the decisions of the two bodies before the Federal Court of Appeals. A decision in this case is expected soon after the appellate court heard oral arguments last Feb 11.
University of the Philippines law professor Harry Roque released the decisions, a copy of which he obtained while attending the Assembly of State Parties of the International Criminal Court at the United Nations in New York. He said both rulings “constitute a triumph for the rule of law.”
In its June 25, 2007 decision, the Chicago Immigration Court said Bolante has not been charged in connection with the fertilizer fund scam.
It added, “(H)is prosecution was clearly not a pretext for persecution… (W)e agree that respondent failed to establish that he suffered past persecution nor a well-founded fear of persecution on account of his imputed political opinion.”
The court also dismissed the testimonies of three witnesses , including Bolante’s son Owen, Agriculture Undersecretary Felix Montes and retired Maj. Gen. Rodolfo Estrellado.
Montes testified that “Bolante’s life is in danger and that lots of people are out to get Bolante.” He added that these people “might use him as a tool against the President.”
Estrellado, on the other hand, said Bolante’s life is in danger for many reasons and that there are 755 political killings in the Philippines that remain unsolved.
The court noted, however, that Montes remains at large despite having been tagged by the Philippine Senate as equally involved as Bolante in the fertilizer fund scam.
In denying Bolante’s appeal, the Board of Immigration Appeals said: “Legitimate prosecution or investigation has never been held to constitute persecution.”
It observed that the former agriculture undersecretary “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.”
In his petition before the Federal Court of Appeals, Bolante’s lawyer offered as proof of persecution the fact that while the Senate has issued a warrant of arrest against Bolante.
Roque welcomed the court decisions, saying, “Bolante failed in abusing the fundamental right of asylum which has literally meant the difference between life or death for many individuals who are in fact suffering from a genuine fear of political persecution.”
But he expressed alarm over Montes’ appearance before the court.
“How dare a sitting USEC lie in the courts of a foreign country,” he said. “As USEC, he is subject to the qualified political agency doctrine which means that his pronouncements, where given in official court proceedings, are deemed as declarations of the President herself. How could the executive claim that Senate investigations could amount to persecution?”
He called on U.S. officials to file charges against Montes and Estrellado for false testimony.—Yvonne T. Chua