Garcia, family charged with P303-million plunder

Retired military comptroller Maj. Gen. Carlos Garcia, his wife and three children were indicted for plunder yesterday before the Sandiganbayan for allegedly amassing P303.2 million in ill-gotten wealth.

Being recipients of Garcia’s multimillion-peso assets, Clarita and the Garcia children — Ian Carl, Juan Paolo and Timothy Mark — were also included in the charge sheet by Ombudsman Simeon Marcelo because they supposedly "conspired and connived" with their father to conceal their riches.

In a 33-page supplemental resolution written by Marcelo, he said his office had "established beyond doubt" that Garcia "took advantage" of his post and "accumulated, amassed and acquired ill-gotten wealth by himself and in connivance with the members of his family."

The Ombudsman said Juan Paolo and Ian Carl were the "couriers" who in December 2003, and on Garcia’s behalf, "transported" $100,000 in corrupted money, which was later seized by United States Customs.

Despite a declared net worth of P3.2 million listed in Garcia’s statement of assets and liabilities from 1993 to 2003, Ombudsman probers unearthed properties and cash in "staggering amounts," as well as dollar accounts and remittances indicating the real extent of the general’s riches.

"Beyond this amount, therefore, his funds, properties and assets can only be ill-gotten," wrote Marcelo, noting that this amount represents his "optimum level and maximum amount of net worth by 2003 which could be lawfully sustained by his income."

Prosecutors also made use of Clarita’s admission that gifts and perks are a normal occurrence in their life because of her husband’s powerful position in the Armed Forces of the Philippines (AFP).

She said Garcia even made sure they get the donor’s name so they could extend their gratitude later on.

"There is more than sufficient evidence to sustain the finding that to unjustly enrich himself, Garcia took advantage of his position as an officer of the AFP and later as comptroller, and received commissions, gifts, shares, percentage, kickbacks," said Marcelo.

The Ombudsman has consolidated the four separate complaints against Garcia that were under investigation. The first charge indicated a total of P143 million in ill-gotten wealth, the second was for P123.7 million, the third for P29.1 million and the last for P7.4 million.

Based on voluminous evidence, which the Garcias have so far failed to rebut, Marcelo explained the participation of the family members in the commission of plunder "is beyond cavil," since they have been the recipients of the fruits of illegal riches.

Plunder is a non-bailable offense and carries a maximum penalty of death.

The Garcia family "failed to adduce evidence of adequate financial capacity," the Ombudsman said.

"Despite their apparent lack of financial capacity, they held in their names funds and properties of staggering amounts and proportions," the Ombudsman said.

Moreover, bank accounts "were opened in the name of the family members either on the same day or almost successively," he added.

"Obviously, said other respondents (Clarita and the children) are mere conduits and willing receptacles of Garcia’s ill-gotten wealth," Marcelo said.

Withdrawals made in October 2004 ran into millions of pesos after Garcia was suspended barely a month earlier.

These amounts held in several banks, including the $536,578 Garcia allegedly had in a US bank and P30.3 million in local deposits, were "obviously beyond their legitimate means" and "obviously form part of Garcia’s ill-gotten wealth."

According to Marcelo, Garcia’s 20-year-old son, Timothy Mark, a student, "appears to be the purchaser" along with his mother of the Trump Tower condominium unit in New York which is estimated to cost P42.7 million.

Ombudsman probers also listed a fleet of expensive cars in the charge sheet ranging from a Toyota RAV-4 to a Toyota Previa.

According to prosecutors, Clarita alone "transported more than $600,000 out of the Philippines" as shown by currency transaction reports and "currency monetary instrument reports on file with the US Customs and border patrol."

Timothy owns property in Sto. Tomas, Batangas worth P1.4 million and has an account with the United Coconut Planters Bank worth P4.2 million. Along with brothers Juan Paolo and Ian Carl, he also has a P4.9 million account with the Armed Forces & Police Savings and Loan Association Inc. (AFPSLAI).

Juan Paolo owns two properties in Laurel, Batangas worth P7.4 million. Ian Carl has two parcels of land in Iloilo valued at P1 million, three vehicles to his name and shares in IJT Mango Orchard Inc. as well as IJT Katamnan Corp., both of which are family corporations.

Two other parcels of land were also later discovered, worth P9.8 million and P410,000 respectively.

According to records from the Land Transportation Office, Marcelo said Clarita is the owner of three vehicles. She also has shares in IJT Mango Orchard Inc. and IJT Katamnan Corp.

Clarita is also the "recipient of outward dollar remittances" from Garcia amounting to P49.6 million or $886,957, based on figures from the Anti-Money Laundering Council. She also holds two Allied Bank accounts worth $75,000, or P3.7 million and $30,000 or P1.5 million on top of her AFPSLAI account of P5.9 million.