CHICAGO - The latest turn of events on the life of Jocelyn Joc-Joc I. Bolante appears to be drawing everybody, including Malacanang and his defense lawyers, to get involved in a conspiracy of silence even if he is merely exercising his right against self-incrimination.
When Philippine newspapers, among them Tempo, a Philippine daily, broke the story a few days ago that Bolante had sought medical assistance while he is being detained at Kenosha County Detention in Wisconsin, all possible sources for verification appear to be surprised of the development.
When I called up Ms. Elaine Komis, the
Falls Church, Virginia-based spokesperson of the Executive Office for
Immigration Review, which has jurisdiction over the Immigration Court trying Bolante, she
referred me to the spokesperson of the Immigration and Customs Enforcement,
which coordinates with Homeland Security in the Midwest
in securing the detention of “aliens” facing deportation charges.
When I contacted the ICE spokesperson,
she returned my call, leaving me a message in my voice mail, saying that “it is
the policy in our office not to reveal medical history of a detainee to protect
his privacy.” I called up the soft-spoken Vice Consul Bobby Bernardo of the
Philippine Consulate in the Midwest to flesh
out information if Mr. Bolante, indeed, sought the help of the Philippine
Embassy. As expected, Mr. Bernardo, demurred, referring me instead to his boss,
Consul General Blesila C. Cabrera. Consul General Cabrera’s secretary
promised to return my call. But the call never came. When I contacted Mr.
Bolante’s lawyer, my call was not returned either.
I really don’t see any thing wrong with
Mr. Bolante exercising his Fifth Amendment right to remain silent. After
all, the US
Supreme Court in Gitlow v. New York
(1925) has ruled that “people must be given adequate notice and a fair
opportunity to present their side in a legal dispute, and that no law or
government procedure should be arbitrary or unfair.”
That’s why when Bolante’s lawyers asked
the “non-parties,” including the media among them this columnist and amicus
curiae (friend of court) lawyer Mary Carmen Madrid-Crost to step out of the
court room, at the start of Bolante’s “master calendar” hearing on Aug. 21st,
the presiding Immigration judge supported Bolante’s defense lawyers’ motion by
not overruling them.
Now, one of those “non-parties,” who was
eased out of the court room, is taking issue with the personal decision of Mr.
Bolante to clam up on the case. Bolante’s fellow Rotarian Marlon Pecson,
a director of the National Press Club of the Philippines
in the United States,
raised a point that as a Rotarian, Bolante appears to have abandoned one the
four-way tests that guide Rotarian’s action. According to Mr. Pecson, a
Rotarian has been sworn to uphold the truth
at all times. When his friend, Mr. Bolante, invoked his silence on
his case, he broke the first test: “Is it the truth?” “If he wanted to set
himself free, my friend (Mr. Bolante) should not let the truth stand on
the way,” rephrasing the Biblical quote from Jesus, who said, “the truth will
set us free.”
Ms. Komis assured this columnist that the
next “master calendar” hearing of the case on Sept. 13 will be “open at this
time” to the public. However, should Mr. Bolante be obstinate in clamming up by
objecting to the presence of the “non-parties” in the next hearing, Mr. Pecson
is going to write a letter to his Chicago area senator, Sen. Richard Durbin, a
member of the US Senate Judiciary Committee, to question the Immigration
Judge’s consent to hold deportation case closed to the public, saying that
over-extending protection to Bolante’s right to privacy could jeopardize
efforts by the Philippine Senate to seek the truth on Bolante’s alleged
duplicity in diverting 728-M pesos (US$14-M) fertilizer fund to the election
campaign chest of Philippine President Gloria Macapagal Arroyo. Mr.
Pecson said that if the US Senate succeeds in telling the Immigration Court to open the Bolante
deportation to the public, it will shed light on reports that part of the
fertilizer fund comes from either a US aid or grant to the Philippine
government. “As a US
taxpayer,” Mr. Pecson argued, “I have a right to question the US government,
where my tax payment is being spent.”
Let’s see on Sept. 13 if Mr. Pecson will
have to drop his letter to Senator Durbin in the mail. (lariosa_jos@sbcglobal.net)
By Joseph G. Lariosa
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