Philippines: Bolante (Joc-joc) to be charged with false testimony.

It remains to be seen whether these charges actually stick. The inquiry is still going on and no doubt there could be more damaging testimony. Bolante will held by Senate until the case if filed.

Press ReleaseDecember 9, 2008
Gordon to charge Bolante for false testimony
Independent Senator Richard J. Gordon today said he will file charges for false testimony--and not perjury--against former agriculture undersecretary Jocelyn Bolante for falsely and evasively testifying on his alleged involvement in the P728-million fertilizer fund scam.
Gordon, chairman of the Senate blue ribbon committee, made the clarification as the Senate panel resumes its hearing on the fertilizer fund mess at noontime tomorrow (Dec.. 10).
"We have a plethora of evidence that warrants the filing of charges against Mr. Bolante. Clearly, he violates the rules of the Senate and its blue ribbon committee and once a criminal case is filed against him, it is now up to the court to decide," he said.
"The Senate meanwhile will not be sidelined from holding these hearings in aid of legislation, since its principal responsibility is to address loopholes in government procurement projects," he added.
Gordon said he will formally file charges for violation of Article 183 of the Revised Penal Code, or false testimony, against Bolante, citing his eight statements majority senators deemed false and evasive during the hearings last Nov. 13, 25 and 28.
He explained that under the law, false testimony is committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.
False testimony, a bailable offense, is punishable by four months and one day (arresto mayor, maximum period) up to two years and four months (prision correccional, minimum period) imprisonment. Each false testimony is considered a separate and distinct offense.
Gordon added that the case would be filed before the DOJ, and not the Office of the Ombudsman, since Bolante is no longer a public official when he made the false statements before the panel.
"Aside from the fact that the Ombudsman seems to be sitting on the case that was filed by the Senate of the 13th Congress against Mr. Bolante, we considered his status as a private individual when making those false statements," he said.
He also said, once the case is filed, Bolante would be released from detention in the Senate, consistent with the contempt order the Senate blue ribbon committee has issued against him last Dec. 3.
The contempt order was overwhelmingly approved by 13 senators led by Senate President Juan Ponce Enrile.