Garcia seeks dismissal of perjury case

Retired Maj. Gen. Carlos Garcia, the former Armed Forces comptroller who is facing a plunder case before the Sandiganbayan for allegedly amassing P300 million in unexplained wealth, has asked the anti-graft court to dismiss the perjury case against him.

The perjury case against the general stemmed from his alleged falsifying of his 1998 Statement of Assets, Liabilities and Networth or SALN, particularly on his purchases of several vehicles.

In a 146-page memorandum dated April 3, 2007, Garcia’s lawyer Constantino de Jesus sought Sandiganbayan’s dismissal of the perjury case "for lack of merit."

De Jesus said the prosecutors failed to prove that perjury was committed or if the three SALN presented to the court were authentic.

He said perjury has four elements, which the prosecutors failed to establish in Garcia’s case. For a statement to be considered perjury, he said it should be made under oath or before a competent officer. Perjury, he added, also exists if a statement is issued with "deliberate and willful assertion of falsehood" or if it is made for legal purposes.

He said that during the trial, the prosecution presented only five witnesses as against the defense’s 14. – Sandy Araneta