Garcia's wife, sons wearing ankle monitors

MANILA, Philippines - The wife and three sons of accused plunderer, retired Maj. Gen. Carlos Garcia, are wearing electronic sensors around their ankles to allow US authorities to monitor their movements, according to a government prosecutor.

Deputy Special Prosecutor Jesus Micael said the ankle braces allow the US government to track the whereabouts of Clarita Depakakibo and her sons Ian Carl, Juan Paulo and Timothy Mark while their    extradition case is being heard before a district court judge.

The four are out on bail, he added.

Clarita and Timothy were nabbed in Detroit and New York five days after Juan Paulo of Pontiac, Michigan and Ian Carl of Las Vegas were arrested for allegedly smuggling dollars into the United States, Micael said.

Prosecutors of the Office of the Ombudsman are confident that the four will not be able to escape extradition and eventual prosecution in the Philippines.

Micael said new summons will be served on them for the forfeiture cases they are facing in the Philippines after the Supreme Court ruled that the Sandiganbayan failed to acquire jurisdiction over their persons.

The setback might delay the proceedings but will not really result in the dismissal of the charges against Clarita and her three children, he added.

In a decision last Friday, the SC said the Sandiganbayan sheriff failed to comply with the rule on substituted summons when he served the summons for Depakakibo and her children on Garcia at his cell at the Philippine National Police Detention Center in Camp Crame, Quezon City.

Therefore the government cannot proceed with the forfeiture cases against them, the SC said.

Micael said the SC ruling that the Sandiganbayan did not acquire jurisdiction over the persons of Clarita and her children due to improper service of summons can easily be corrected.

The forfeiture cases will proceed once new summons are served properly according to the rules cited by the SC, he added.

Prosecution Bureau VI director Diosdado Calonge said the forfeiture and plunder cases against Clarita and her children will not go to waste.

“There is no need to file a motion for reconsideration (on the SC decision),” he said.

“What the OSP should do is to effect the proper substituted service of summons which is through the Philippine General Consul in cases of foreign nationals or regular mail and publication in a newspaper of general circulation in case of non-resident Filipino citizens.”

Clarita and her children are among Garcia’s co-accused in a P303-million plunder case filed by the Office of the Ombudsman before the Sandiganbayan.