Bolante's habeas corpus petition moot - Senate counsel

Former agriculture undersecretary Jocelyn “Jocjoc” Bolante was treated as an accused facing trial before the Senate, not as a resource person testifying on the P728-million fertilizer fund scam, his lawyer said yesterday.

Antonio Zulueta, Bolante’s lawyer, told the Court of Appeals justices hearing his client’s habeas corpus petition the “deck of cards was stacked against Bolante” when he appeared before the Senate.

“The Senate sees him as an accused and not as a resource person,” he said.

On the other hand, Senate legal counsel David Yap told the CA’s 6th Division the habeas corpus case should be dismissed as Bolante has already been released from Senate custody.

The Senate Blue Ribbon committee had decided to free Bolante even before the SC granted his petition for habeas corpus, he added.

However, Associate Justice Jose Sabio Jr., 6th Division chairman, told Yap Bolante’s release does not make his petition for habeas corpus moot.

Sabio ordered the Senate and Bolante’s lawyers to submit their memorandums within 20 days, and the case will be set for resolution.

Yap was also ordered to present to the CA Bolante’s release order when he files his memorandum.

Yap submitted yesterday to the CA the return of the writ for Bolante’s arrest.

In yesterday’s hearing, the CA ordered the parties to discuss in their memorandums the following issues:

• Whether there was grave abuse of the Constitution as the hearings conducted by the Senate on the fertilizer fund scam was not in aid of legislation;

• Whether the Senate has already prejudged Bolante as an accused, resulting in the violation of his rights; and

• If Bolante’s right to due process was violated in the hearings.

Named as respondents in Bolante’s habeas corpus petition were Senate President Juan Ponce Enrile, Blue Ribbon committee chairman Richard Gordon, and Senate Sergeant-at-Arms Jose Balajadia Jr. - Mike Frialde