Garcia's perjury conviction stands

MANILA, Philippines – The Sandiganbayan yesterday affirmed the perjury conviction of former Armed Forces of the Philippines (AFP) comptroller retired General Carlos Garcia, which sentenced him to a maximum of two years in jail last February.

The anti-graft court’s Fourth Division chaired by Associate Justice Gregory Ong found the accused guilty of lying in his Statement of Assets and Liabilities and Net Worth (SALN) for the year 2000.

Deputy Special Prosecutor Cornelio Somido, one of the lawyers who handled the prosecution of the case, said the Sandiganbayan rejected Garcia’s arguments that were already raised during the trial.

Somido said the anti-graft court did not give weight to Garcia’s claims that he was acquitted by two other courts for the same crime of perjury also in relation to SALNs.

Garcia’s argument that his 2000 SALN was not really sworn before a person with authority to administer an oath was also rejected.

“Practically, there is no issue, it simply tells them that (the court’s) original decision stands,” he told The STAR in an interview.

On Feb. 18, 2009, the Fourth Division found Garcia guilty of lying under oath, which constitutes a “willful and deliberate assertion of a factual falsehood,” when he failed to declare that he has a multi-million peso investment account at the AFP-Savings and Loan Association Inc. (AFPSLAI) and misdeclared the value of three vehicles that he owns in his 2000 SALN.

“In as much as ignorance of the law cannot be set up as an excuse, it is imperative that a valid defense of good faith be established by evidence in order to negate the element of willful and deliberate assertion of falsehood,” the original decision read.

Before being convicted by the Fourth Division, Garcia was acquitted by the Second and Third Divisions for allegedly lying about his assets in his SALNs for different years.

Last month, he was acquitted of his fourth perjury case by the First Division, which believed his defense of good faith.

In summary, Garcia has three perjury acquittals and one conviction at the Sandiganbayan, where he is still facing two forfeiture cases and a plunder charge.