CA junks habeas corpus bid of Bolante's son

MANILA, Philippines - The Court of Appeals has denied the petition for habeas corpus filed by the son of former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, the alleged mastermind in the P728-million fertilizer fund scam, for being moot and academic. In a 21-page decision penned by Associate Justice Teresita Dy-Liacco Flores, the CA’s 16th Division held that the issue on the legality of Bolante’s detention in the Senate has become moot and academic after the chamber released him last December 10, 2008. “Inasmuch as a petition for habeas corpus will be given due course only if it shows that petitioner or the person in whose behalf the petition has been filed is being detained or restrained of his liberty unlawfully, the release of Mr. Jocelyn Bolante from the custody of the Senate has thus effectivity rendered the present case moot and academic,” the appellate court said. Concurring with the ruling were Associate Justices Rosmari Carandang and Apolinario D. Bruselas, Jr. In his petition, Owen Bolante claimed that the arrest order issued by the blue ribbon committee can no longer be implemented as the 13th Senate, the body which issued the order, has already been dissolved following the 2007 senatorial elections. Owen further stressed that the inquiry of the on the alleged P728-million fertilizer fund scam has long been terminated. The petitioner noted that the Court, in its ruling in the case of Neri vs. Senate, reminded the chamber that its should adhere to Section 21 of Article VI of the Constitution requiring that the inquiry be in accordance with the duly published rules of procedure.” The Senate took Bolante into its custody upon the latter’s deportation from the United States on October 28, 2008. It ordered Bolante’s arrest to compel him to appear in the hearing on the fertilizer fund mess. - GMANews.TV