Garcia’s wife still in the country, will answer charges — lawyers

Lawyers of retired Maj. Gen. Carlos Garcia have confirmed that their client’s wife, Clarita, is still in the country and will surface to answer plunder charges against the Garcia family.

"Yes, your honors, Clarita is in the Philippines, within the Philippines," former Makati City judge Jose Bautista, one of Garcia’s lawyers, told the justices of the Sandiganbayan’s second division, where the case had been raffled off.

Bautista’s collaborating counsel, Constantino de Jesus, confirmed his colleague’s statement and assured the anti-graft court Clarita would surface once a warrant for her arrest is issued.

"Yes, she is here and she will come out," he said.

Garcia’s lawyers assured the Sandiganbayan in a hearing held last Friday, where they asked the justices to refrain from issuing warrants for the arrest of Garcia and his family until after a judicial determination of probable cause is issued.

Garcia, his wife Clarita and sons Ian Carl, Juan Paolo and Timothy Mark are facing plunder charges for allegedly collaborating to hide ill-gotten wealth amounting to P303.2 million.

De Jesus also told Justices Edilberto Sandoval, Francisco Villaruz and Rodolfo Ponferrada that Garcia’s sons are "abroad," most likely in the United States.

Garcia’s lawyers, meanwhile, complained that Ombudsman Simeon Marcelo violated the Constitution by filing the case with "undue haste."

They said the Ombudsman issued a resolution on April 5 and filed plunder charges with the Sandiganbayan the following day.

They pointed out that they should have been given five days in which to file an appeal with the Ombudsman before Marcelo filed charges with the anti-graft court.

Marcelo defended the indictment, insisting that the five-day rule applies only to cases that are bailable. Plunder is a non-bailable offense and carries the maximum penalty of death in case of conviction, he said.

The Ombudsman earlier raised fears Garcia could walk free on April 22, when the defense panel is expected to present its evidence before the military court. He theorized that Garcia may opt to refuse to present his defense.

"Right then and there the tribunal can render its verdict and he can already walk out of his confinement. By that time, it would be very difficult to serve the warrant. The scenario we’re painting is a very big possibility. He is a flight risk," Marcelo said.

He explained to the justices that April 22 is "very crucial," particularly since no warrants of arrest have been issued. He added that Garcia may accept a dishonorable discharge or forfeit the benefits due him if only to avoid further detention.

Garcia, who has been detained inside the compound of the Intelligence Services of the Armed Forces of the Philippines in Camp Aguinaldo since November 2004, is facing charges before the military court for failing to declare several cars and properties in the Philippines and the US in his annual statements of assets, liabilities and net worth during his three-year tenure as AFP comptroller and for holding a US residency visa while serving in the military.

His wife and children were earlier reported to be American citizens. The American government has since confiscated Garcia’s green card because he did not maintain residency in the US.

Marcelo said their scenario is likely since Garcia and his family had never challenged the evidence presented by government prosecutors from the time Garcia was suspended in September 2004 "up to now."

"Since September... no counter-affidavit has ever been submitted. All the extensions they have been asking (for) are just dilatory tactics. They disregarded our subpoena and they are not saying anything. They are just attacking the procedures," he said.

But Bautista downplayed the Ombudsman’s allegations that Garcia is a flight risk.

"It’s an unfounded apprehension. It is highly speculative. It’s just a wild thought. The apprehension of flight is nil. It is an utter impossibility. He has been detained since. And he has attended all the hearings," he said.

Bautista told the Sandiganbayan justices that Marcelo’s statement is "an alarming announcement. We have already tested the faithfulness of Garcia in attending the hearings. There is no possibility of flight. He remains under detention." Bautista, along with De Jesus, said April 22 is nothing more than a date when they are scheduled to present evidence in Garcia’s favor, "It was only set for the offer of evidence," Bautista stressed.