DEPARTMENT OF FOREIGN AFFAIRS 
P R E S S  R E L E A S E
www.dfa.gov.ph                                                                                           2330 Roxas Blvd., Pasay City, Philippines                                                                                 Tel. No. 834-4000 
SFA-AGR-898-05                                                                                                                                                                                                                             18 December  2005

DFA SEEKS DOJ’S OPINION ON SENATE REQUEST FOR THE CANCELLATION OF USEC BOLANTE’S PASSPORT

17 December 2005 - The Department will seek the opinion of the Department of Justice (DOJ) on whether the Philippine passport of Undersecretary Jocelyn “Jocjoc” Bolante may be cancelled on the basis of a warrant of arrest issued by the Senate and without a court order.

On the matter of the cancellation of Philippine passports, the Department has always been guided by the Philippine Passport Law (R.A. 8239), more particularly Section 8 (b) thereof which provides for a list of grounds under which an issued passport may be cancelled, hereunder quoted as follows:

“1. When the holder is a fugitive from justice;
2. When the holder has been convicted of a criminal offense: Provided,   That the passport may be restored after service of sentence; or
3. When the passport was acquired fraudulently or tampered with.”
Referring to the aforecited provision of law, the Department noted an earlier DOJ Opinion No. 91.S.2004, dated 9 September 2004, which defined a “fugitive from justice”, citing Supreme Court decisions, as “not only … those who flee after conviction to avoid punishment but likewise … those who, after being charged, flee to avoid prosecution.” DOJ further opined that the function of determining whether a person is a fugitive from justice or not, “properly belongs to the courts.”

The Department will nevertheless refer the Senate request for the cancellation of the passport of Undersecretary Bolante to DOJ for its opinion. END
 
 

/bjg