SAYING that prosecution for the violation of a law is not persecution, the US Board of Immigration Appeals (BIA) has denied the petition filed by former agriculture undersecretary Jocelyn “Joc-Joc” Bolante, alleged architect of the P728-million fertilizer scam, seeking reconsideration of the decision made by the Chicago Immigration Court rejecting his claim for political asylum.

The setback on Bolante’s bid to evade prosecution in connection with the fertilizer scam was revealed by lawyer Harry Roque while attending the Assembly State Parties of the International Criminal Court at the United Nations in New York.

Roque welcomed the rulings, saying that they constitute a triumph for the rule of law.

“At least, 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,” he said.

The BIA, in a decision issued on June 25, 2007, held that Bolante did not present any evidence of past mistreatment or harm. It noted that there were presently no charges pending against the respondents with regard to the fertilizer scam and only an arrest warrant for his failure to appear and testify before the Senate committee.

“For all the reasons noted by the immigration judge, we agree that the respondent failed to establish that he suffered past persecution or a well-founded fear of future persecution on account of his imputed political opinion,” the BIA said.

Bolante left the country at the height of the Senate’s investigation into the alleged fertilizer scam and was arrested and detained in Los Angeles on July 7, 2006, after airport authorities found him in possession of a revoked US visa.

The visa was revoked after Bolante was tagged by the Senate as the mastermind of the scam. The former agriculture undersecretary later applied for political asylum, saying that he fears returning to the country because there is a bounty for his capture owing to his failure to comply with the subpoena of the Senate.

He added that he believes that any number of criminal and political groups will seek his capture in order to collect the bounty.

Bolante said he believes that the government of the Philippines will not be able to protect him from these groups.

Owing to the denial of his petitions by the Chicago Immigration Court and BIA, Bolante has elevated his petition before the Federal Court of Appeals where oral arguments were heard on February 11, 2008.

Roque said the federal court is expected to decide on Bolante’s petition within four months.

In a decision dated February 9, 2007, the Chicago Immigration Court rejected Bolante’s claim for asylum owing to the latter’s failure to establish that he suffered past persecution nor a well-founded fear of persecution on account of his imputed political opinion.

The court also did not find the witnesses for Bolante—his son, Owen, Department of Agriculture Undersecretary Felix Montes and retired Maj. Gen. Rodolfo Estrellado, credible.

They testified that “Bolante’s life is in danger and that lots of people are out to get him.”

“Moreover, even if the political motivation of the alleged persecutor were the relevant issue, legitimate prosecution or investigation for a crime has never been held to constitute persecution….Certainly, the government of the Philippines [including the Senate] has the right to investigate allegations of corruption by other members of the government. Therefore, it is clear that the Senate of the Philippines has the right to investigate allegations that the respondent was involved in diverting agriculture funds for illicit purposes,” the decision said.

Roque, together with UP Law Profs. Merlin Magallona, Raul Pangalangan and lawyer Romel Bagares, filed an opposition to Bolante’s petition for political asylum.

In his petition for review pending with the federal court, Bolante’s lawyer offered as proof of persecution the fact that while the Senate has issued a warrant of arrest against Bolante, the Ombudsman, the lawful body that should file criminal charges against him, has not done so. This according to Bolante’s counsel, proves that the charges against Bolante are baseless and merely intended to persecute him.

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SAYING that prosecution for the violation of a law is not persecution, the US Board of Immigration Appeals (BIA) has denied the petition filed by former agriculture undersecretary Jocelyn “Joc-Joc” Bolante, alleged architect of the P728-million fertilizer scam, seeking reconsideration of the decision made by the Chicago Immigration Court rejecting his claim for political asylum.

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