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SRN 637

The Senate of the Philippines passed a resolution directing Senate committees to conduct an inquiry into enforcing a contempt and arrest order against former Department of Agriculture Undersecretary Jocelyn Bolante. Bolante fled the country in 2005 to avoid testifying at a Senate hearing investigating mismanagement of fertilizer funds. As Bolante has now been denied asylum in the US, the resolution aims to take custody of Bolante and compel his testimony regarding the "fertilizer scam" in order to fulfill the Senate's constitutional duty of transparency.

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90 views2 pages

SRN 637

The Senate of the Philippines passed a resolution directing Senate committees to conduct an inquiry into enforcing a contempt and arrest order against former Department of Agriculture Undersecretary Jocelyn Bolante. Bolante fled the country in 2005 to avoid testifying at a Senate hearing investigating mismanagement of fertilizer funds. As Bolante has now been denied asylum in the US, the resolution aims to take custody of Bolante and compel his testimony regarding the "fertilizer scam" in order to fulfill the Senate's constitutional duty of transparency.

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:OURTEENTH CONGRESS 1

I F THE REPUBLIC OF THE PHILIPPINES ) 8 SEI' l'j :;!>


iecond Regular Session 1
SENATE
.,
P. S. Res. No. 637

INTRODUCED BY THE HONORABLE MAR ROXAS

A RESOLUTION
3IRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN
NQUIRY, IN AID OF LEGISLATION, ON THE ENFORCEMENT OF THE
:ONTEMPT AND ARREST ORDER ISSUED BY THE SENATE AGAINST FORMER
3EPARTMENT OF AGRICULTURE UNDERSECRETARY JOCELYN BOLANTE
W D FOR OTHER PURPOSES.

WHEREAS, pursuant to Section 28, Article I1 of the 1987 Philippine


:onstitution, the State adopts and implements a policy of full public disclosure of all
ts transactions involving public interest;

WHEREAS, Section 7, Article 111 of the 1987 Philippine Constitution


parantees the right of the people to information on matters of public concern;

WHEREAS, from the period of October 2005 to February 2006, the Senate
Zommittee on Agriculture and Food, jointly with the Senate Committee on
iccountability and Investigation, have conducted an inquiry, in aid of legislation into
'.S. Resolution 327 on the alleged mismanagement and use of the fertilizer fund of
he Ginintuang Masaganang Ani Program of the Department of Agriculture;

WHEREAS, on 12 December 2005, then Undersecretary Jocelyn Bolante was


nvited as the lone resource person to clarify his involvement or non-involvement in
he so-called "Fertilizer Scam", but fled to the United States on the same day, thus
wading the Senate hearing;

WHEREAS, without the benefit of hearing from former Undersecretary


3olante, the concerned Senate committees have submitted Committee Report 54 on 1
vIarch 2006 finding that the fertilizer issue was a scam and proposing several
ecommendations to strengthen the anti-graft and plunder laws of our country;

WHEREAS, the said Committees also noted in the Report that "although this
s the Final Committee Report, the fertilizer fund scam will never be fully closed
Kithout the testimony of its brains and implementor Jocelyn Bolante;"

1
WHEREAS, a GMA News article dated 2 September 2008 reported that the
United States appellate court has recently issued a decision denying the petition for
asylum of former Undersecretary Bolante, thus increasing the possibility of his
deportation back into the country;

WHEREAS, four subpoenas and one invitation have been sent to former
Undersecretary Bolante to attend the Senate hearing, all of which was blatantly
defied, making it incumbent upon the Senate to enforce its authority by putting into
effect the 12 December 2005 contempt and arrest order it issued against former
Undersecretary Bolante and taking custody of his person, pursuant to the
constitutional mandate of maintaining transparency in public office;

NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, that


the Senate direct the appropriate Senate Committees to conduct an inquiry, in aid of
legislation, on the enforcement of the contempt and arrest order issued by the Senate
against former Department of Agriculture Undersecretary Jocelyn Bolante and for
other purposes.

Adopted,

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