Sandiganbayan denies Garcia's petition for bail

MANILA, Philippines - The Sandiganbayan yesterday denied the petition for bail of former Armed Forces of the Philippines (AFP) comptroller retired General Carlos Garcia.

The anti-graft court said the former military general facing plunder charges should not be granted temporary liberty based on his claims that the prosecution has weak evidence against him.

Three members of the Special Second Division voted to reject Garcia’s plea while two gave dissenting opinions.

The 44-page ruling was penned by Associate Justice Teresita Diaz-Baldos. Concurring with the ruling were Associate Justices Roland Jurado and Samuel Martires.

Voting in favor of Garcia’s petition were Associate Justices Edilberto Sandoval and Alex Quiroz.

Sandoval and Quiroz said in their dissenting opinions that the admission made before United States customs authorities has no probative value.

The dissenting justices, however, believe the prosecution presented sufficient evidence to support its allegations of ill-gotten wealth.

“Indeed, the conglomeration of evidence presented by the prosecution is viewed by the court to be of strong character that militates against the grant of bail,” the ruling said.

The ruling also said that the sworn statement of Garcia’s wife Clarita that she received millions for “shopping money” from contractors was an extra-judicial admission that can be used in court.

“When Clarita Garcia wrote those letters she was not under investigation for commission of an offense. The Miranda Doctrine or the constitutional proscription therefore finds no application in respect to the extra-judicial admission made by Clarita Garcia. There is no doubt that she voluntarily wrote the letter and executed the sworn statement without force, threat or intimidation. Hence the letter and the sworn statement must be given credit and evidentiary weight,” the ruling said.

Garcia has been in jail for more than five years while his wife and three sons, who were named co-accused in the plunder case, are fighting extradition proceedings in the US.