SC: Let trial of Garcia case proceed

The Supreme Court (SC) ordered yesterday the Sandiganbayan to start proceedings in the forfeiture case against retired Maj. Gen. Carlos Garcia.

The former Armed Forces comptroller has been charged with acquiring ill-gotten wealth before the anti-graft court.

In a three-page en banc resolution, the high court dismissed Garcia’s petition seeking to stop the Sandiganbayan from hearing the ill-gotten wealth case filed against him by the Office of the Ombudsman.

The SC ruled that the anti-graft court did not commit grave abuse of discretion when it denied Garcia’s appeal to dismiss the forfeiture case against him.

"It becomes logical, therefore, that violations (referring to cases involving unlawful acquisition of wealth) are placed within the jurisdiction of the Sandiganbayan, even though the proceeding is civil in nature, since the forfeiture of the illegally acquired property amounts to penalty," read the Court’s decision.

The Sandiganbayan has jurisdiction over the forfeiture case against Garcia despite the other cases pending against him, the SC added.

The Supreme Court said Garcia was a public officer who violated Republic Act 1379, the Anti-Graft and Corrupt Practices Act.

RA 1379 provides for forfeiture in favor of the state of property found to have been unlawfully acquired by any public officer or employee, the Court added.

The SC said the Sandiganbayan’s authority to try forfeiture cases is in line with the purpose behind its creation as an anti-graft court.

Among Garcia’s properties subject for forfeiture are two condominium units valued at $1.42 million at 222 East 34th Street and at the Trump Park Avenue Condominium located at 502 Park Avenue, Unit 6A, New York City; and some $785,630 transported by Garcia and his wife in the US between Nov. 4, 1993 and Jan. 15, 2004.

The charges against Garcia were filed by the Office of the Ombudsman following the arrest of his two sons by US customs and immigration agents for trying to smuggle $100,000 in cash through San Francisco International Airport in December 2003.

Special Prosecutor Dennis Villa Ignacio is confident that the Sandiganbayan can rule on the forfeiture case against Garcia within two months following the SC decision.

"His forfeiture case has been pending with us," he said in a phone interview.

"And now that the Supreme Court has ruled that the Sandiganbayan has jurisdiction on his forfeiture case, I expect a decision from the court," he said.

Villa Ignacio said Garcia’s cases are being heard in some divisions of the Sandiganbayan almost every week. Just last week, government lawyers presented oral arguments on Garcia’s plunder case, he added.

In another case, retired Brig. Gen. Francisco Gudani and Marine Lt. Col. Alexander Balutan asked the Supreme Court yesterday to stop the Armed Forces from conducting court-martial proceedings against them.

In an eight-page petition, Gudani and Balutan said the military was stopping them from testifying before the Senate committee investigating on alleged election fraud in Mindanao.

The military has accused Gudani and Balutan of violating the Articles of War by appearing before a Senate inquiry last year without permission from President Arroyo.

Mrs. Arroyo, through Executive Order 464, had banned any Cabinet secretary, military and police officers from appearing in congressional investigations without her permission.

Gudani and Balutan said they should not be held liable for appearing before the Senate because they received the copy of EO 464 on the eve of their testimony.

"We were purportedly deprived of the chance to obtain presidential clearance to attend the Senate hearing the following morning," Gudani and Balutan said.

Gudani and Balutan said Mrs. Arroyo knew what they would say at the Senate because they had already testified before an AFP fact-finding board that Mrs. Arroyo had committed massive fraud in Mindanao.

On the other hand, the Armed Forces said the court-martial of Gudani and Balutan will proceed unless the Supreme Court halts it.

"Unless so ordered by the high court, the military proceedings will continue against them," said Vice Commander Earl Pabalan, deputy chief, AFP Public Information Office. — Jose Rodel Clapano, Mike Frialde, Jaime Laude