SC won't issue TRO vs Senate arrest warrant on Bolante

MANILA, Philippines - Former Agriculture undersecretary Jocelyn “Joc-Joc" Bolante on Tuesday failed to secure an order from the Supreme Court that would prevent the Senate from arresting him upon his arrival in the country. According to lawyer Gleo SP Guerra, the acting SC spokesperson, no resolution was forthcoming as no special en banc session was called for the 15-man tribunal to discuss Bolante’s urgent motion for the issuance of a temporary restraining order. The high court has been on recess since Monday and would not be back until November 7. The Senate issued an arrest warrant against Bolante in December 2005 after he repeatedly snubbed hearings on the P728-million fertilizer fund scam, of which he is the alleged mastermind. In his nine-page motion filed through lawyer Antonio Zulueta, Bolante reiterated his position questioning the legality and constitutionality of the arrest order. Zulueta argued that respondent Senate committees on agriculture and public accountability (Blue Ribbon), then chaired by former Senator Ramon Magsaysay Jr. and Sen. Joker Arroyo, respectively, do not have the power to issue a warrant of arrest under the 1987 Constitution, as such power belongs only to judges. Petitioner said that the Constitution requires the Senate to publish its rules of procedure in order for such to be valid, petitioner said. He noted the Senate of the 13th Congress failed to publish its Rules prior to the issuance of the arrest order on December 12, 2005, and merely published its rules in two newspapers of general circulation on December 1, 2006. Bolante is expected to arrive in the country Tuesday night after spending two years in the United States. - GMANews.TV