BY GERARD NAVAL

LINGAYEN-DAGUPAN Archbishop Oscar Cruz yesterday said the decision of the Court of Appeals to freeze the accounts of Jocelyn "Joc Joc" Bolante and several others in connection with the P728 million fertilizer fund scam in 2004 would amount to nothing unless the former agriculture undersecretary is brought back to the country.

"Walang silbi yan kung wala pa rin siya sa Pilipinas," said the former CBCP president and critic of President Arroyo.

Cruz said that the question is whether the Arroyo administration will allow Bolante to testify in any investigation.

"Will the government now allow him to make a testimony without invoking that blessed executive privilege?" he asked.

Cruz said the fact that Bolante decided to flee to the United States in July of 2006 is itself an indication of guilt.

Bolante was tagged the mastermind in the diversion of fertilizer funds to the campaign kitty of President Arroyo for the 2004 presidential polls.

He was arrested by airport authorities and detained in Los Angeles on July 7, 2006 because his visa was revoked after a Senate committee had tagged him as the mastermind of the scam.

Bolante applied for political asylum but it was junked by the Chicago Immigration Court and the Board of Immigration Appeals last June 25.

Bolante sought a review of the lower courts' rulings from the US federal court of appeals.

The appellate court on Thursday ordered a 20-day freeze on the 70 accounts in 23 banks of Bolante after it found the petition of the Anti-Money Laundering Council (AMLC) as having established probable cause that unlawful activities were committed relative to the bank accounts.

The decision drew varied reactions from senators.

"Freezing Bolante's 70 accounts in 23 banks (is) a little late but still (a) good start," said minority leader Aquilino Pimentel.

He said the AMLC "must submit its findings to the Senate because in my view, the Bolante investigation (in the Senate) is still active (and was) merely suspended."

Sen. Panfilo Lacson said although the freeze order was issued late, "sana hindi pa ito huli para makita man lang ng taxpayers na may mare-recover ang estado sa mga ninakaw na buwis nila. Dapat din isama sa freeze order ang accounts ng lahat ng mga nakinabang kahit gaano pa sila kalapit sa Malacañang o kahit ano pa ang posisyon nila sa gobyerno," he said.

But Sen. Francis Escudero said he doubts if there is any money left in those accounts to freeze.

Harry Roque Jr., a lawyer, said the freeze order might already be two years too late as the questioned bank accounts may have been "cleaned out."

"Kung ikaw ay aalis ng bansa at mayroon kang account, di mo ba kukunin ang mas maraming parte ng account na yan? Gagamitin mo nga, dahil ikaw ay mag-a-abroad," he said.

EXPEDITE EXTRADITION

Lacson asked the government to expedite the extradition of Bolante so the Senate can pursue another investigation.

"Although cases were filed in the Ombudsman, up to now there is no proper closure. Once he's back in the country, a resolution is in order," he said.

But Sen. Edgardo Angara, chair of the committee on agriculture, has said he is not keen on reopening the fertilizer probe, because as far as the Senate is concerned the issue is already closed.

He said recommendations for the prosecution of Bolante have been forwarded to the Ombudsman and the Department of Justice.

"It's now their (Ombudsman and DOJ) turn to pick up the cudgels. We are not interested to investigate again because we have already finished the investigation," he said.

"It's a case of follow-up rather than reopening. Why renew a case that's already been settled (and) why would you let us do a job again on a matter that's already been ended?"

Covered by the freeze order were AIG Philam Savings Bank Inc., Banco de Oro Universal Bank, Citibank N.A., East-West Bank, Equitable PCI Bank, Maybank Phils. Inc., Metropolitan Bank & Trust Co., Philippine National Bank, Philippine Savings Bank, Planters Development Bank, Philippine Business Bank, Union Bank, Insular Life Assurance Company, Pru-Life Insurance Corp. of UK, Manufacturers Life Ins. Co., Standard Insurance Co., BPI/MS Insurance Corp., Performance Foreign Exchange Corp., Bank of the Philippine Islands, Union Bank of the Philippines, Rizal Commercial Banking Corporation, and Standard Chartered Bank.

Besides Bolante, the AMLC identified the other holders of these various accounts as Molugan Foundation, the Assembly of Gracious Samaritans Foundation Inc., One Accord Christian Community Endeavor for Salvation & Success through Poverty Alleviation Inc., Society's Multi-Purpose Foundation Inc., Alliance for the Conservation of the Environment of Pangasinan Inc., Sta. Lucia Education Association of Bulacan Inc., Livelihood Corporation, Ariel C. Panganiban, Donnie Ray G. Panganiban, Jaypee G. Panganiban, Eduardo F. Suerez and spouses Samuel and Katherine Bombeo.

NO DEPORTATION YET

Justice Secretary Raul Gonzalez said government cannot initiate or facilitate Bolante's extradition until his immigration case in the US is finally settled.

"You don't have to extradite him as they (US) will ipso facto send him away. His request for asylum has been denied so he has no legal basis as far as the US government is concerned, to stay there," he said.

Gonzalez said CA's order to freeze Bolante's accounts also cannot be used as basis for his extradition because "the criminal case is the reason for the extradition."

He said Bolante cannot claim he is being "politically persecuted" because the action of the AMLC can't be considered political. - With JP Lopez, and Evangeline de Vera