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By William B. Depasupil, Reporter
Justice Secretary Raul Gonzalez said former
Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante cannot use
the Court of Appeals ruling as a basis to seek political asylum in
the US.
Last week, the court froze Bolante’s 70 bank
accounts and insurance policies.
“He cannot claim that he is being politically
persecuted, because the action of the Anti-Money Laundering Council,
which sought the freeze order from the CA [Court of Appeals],
can’t be considered political,” Gonzalez said. Asylum is
normally granted to those seeking to escape political persecution.
The US Board of Immigration Appeals and a
Chicago immigration court had rejected the application for political
asylum by Bolante, who is being sought by the Senate to shed light
on the P728-million fertilizer fund scam.
The appellate court’s First Division ordered
the freezing of bank accounts listed under Bolante’s name and
several other individuals and entities whose accounts the fertilizer
funds were believed to have been transferred.
Court of Appeals Presiding Justice Conrado
Vasquez Jr. granted the petition of the Anti-Money Laundering
Council (AMLC) to the 17 banks and insurance companies to freeze for
20 days the 70 accounts as well as “related web of accounts
wherever these may be found.”
“The Court finds that petitioner AMLC was able
to establish probable cause that an unlawful activity has been
committed by the aforementioned individuals and entities and that
the subject accounts are related to such an unlawful activity,”
according to the ruling.
Immigration records showed that Bolante arrived
in the country from Los Angeles on December 5, 2005. But he left
again on December 11, 2005 aboard a Cathay Pacific flight bound for
Hong Kong, where he boarded a connecting flight to the United
States.
He had repeatedly snubbed the Senate’s
investigation on the fertilizer fund scam, which allegedly diverted
money for farmers to the campaign coffers of President Gloria
Arroyo.
The Palace is distancing itself from Bolante,
repeatedly issuing statements that he is on his own.
Gonzalez said Bolante could not be deported to
the Philippines until the US courts make a final judgment on his
case. Also, the Philippine government cannot initiate extradition
proceedings as no case yet had been filed against the former
Agriculture secretary in local courts.
Records show that in March 2006, the Senate
furnished the Anti-Money Laundering Council a copy of its
legislative inquiry report pointing to Bolante as the instigator of
the scam.
In September 2006, the council initiated an
investigation upon receiving 12 “suspicious transaction reports”
from the Philippine National Bank (PNB). A Makati City court allowed
the council to inquire into the deposits and investments two months
later.
The council then sent 1,696 letters to the
various banks and financial institutions requiring them to submit
reports of the transactions made by the covered accounts. It remains
unknown how much money, if any, are left in the accounts.
The Court of Appeals cited a finding by the
council that in the PNB accounts alone, a firm identified as
Livelihood Corp. where Bolante was acting chairman, transferred
P172.6 million to the accounts of Molugan Foundation Inc. and
another P40 million to the account of the Assembly of Gracious
Samaritans Foundation Inc., both times on April 2004.
Molugan then transferred P38 million to the
Samaritans account. According to the PNB, the transactions had “no
underlying legal or trade obligations, purpose of economic
justification” and were “not commensurate with the business or
financial capacity” of Molugan and Assembly of Gracious Samaritans
Foundation, which are capitalized at only P50,000 each.
A certain Samuel Bombeo was also found to be a
signatory in the accounts of the two foundations. There were a total
12 accounts appearing under Bombeo’s name and two other
individuals with the same surname.
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