Sandigan orders release of ex-AFP comptroller Garcia

MANILA, Philippines - The Sandiganbayan ordered yesterday the temporary release of former military comptroller Maj. Gen. Carlos Garcia after he posted P60,000 bail.

The Philippine National Police (PNP) Custodial Center in Camp Crame received the order signed by Justice Edilberto Sandoval, who chairs the anti-graft court’s Second Division.

In a two-page resolution penned by Associate Justice Teresita Diaz-Baldos, the Sandiganbayan said it granted the petition for bail filed by the accused hours after he pleaded guilty to direct bribery and to violation of the anti-money laundering law in a plea bargaining deal with state prosecutors.

“In light of the aforesaid circumstances, and considering that the offenses to which the accused pleaded guilty are bailable, the court hereby resolves to allow accused (Garcia) to post bail for his provisional liberty,” the anti-graft court ruled.

In its ruling, the Sandiganbayan directed the PNP to discharge Garcia from its custody “unless there be any other valid reason for further detaining him.”

Garcia, originally charged with plunder and violating Section 4(a) of the Anti-Money laundering Act (AMLA), pleaded guilty to lesser offenses Thursday based on his plea bargain deal with government lawyers.

Garcia’s bail was paid via a personal check delivered by his lawyer Constantino de Jesus.

Deputy Special Prosecutor Jesus Micael told The STAR the accused is entitled to post bail because he is now charged with bailable offenses.

He said the order to release Garcia from detention is “in accordance with the law” but stressed that his freedom is only temporary because he is awaiting sentence, the date of which has yet to be set. The prosecution team is led by Assistant Special Prosecutors Jose Balmeo Jr. and Joseph Capistrano.   

Plea bargain deal illegal

But former Ombudsman Simeon Marcelo said the plea bargain agreement is illegal.

He explained that under the Rules of Court, a plea bargain agreement is allowed before the actual trial or before the presentation of evidence by the prosecution.

When asked if the Sandiganbayan justices can be held liable for the “illegal” plea bargain deal, Marcelo said, “I think so.”

“It’s (plea bargain deal) void. Lahat sila guilty diyan (All of them are guilty) criminally and administratively,” Marcelo told The STAR, referring to the Sandiganbayan justices.

He said the release order is a “patently void order” because “the court no longer has power to approve” the plea bargain agreement.

Marcelo said the anti-graft court should not have allowed such an agreement considering that the prosecution appeared to have strong evidence to convict Garcia.

But Micael disputed the former Ombudsman’s claims, saying “he doesn’t know his jurisprudence” citing the case of People of the Philippines versus Mamarion.

He said a plea bargain deal, according to the decision in the case, can be allowed “anytime before the decision of the court” and that it is the discretion of the court to approve the agreement.

Government lawyers had earlier pointed out that the plea bargain deal “is consistent with the interest of the state since justice will be served proceeding from an assured and agreed plea to a lesser offense.”

The prosecution said it believes the agreement “will preserve the assets that are still there to recover, and will prevent the depletion of the properties that the government is going to recover.”

Garcia pleaded guilty to lesser offenses punishable by lighter jail terms.

Though he faces conviction for two crimes and perpetual disqualification from holding public office, his sentence for the crime of bribery may be considered already served.

As for the money laundering charge filed against him only in 2009, The STAR sources said Garcia may opt to apply for probation which would mean serving his sentence outside a prison.

In exchange, the accused is surrendering P135.4 million worth of property and cash to the government, including assets in the United States.

The military, for its part, said it would leave Garcia’s case to the courts as it vowed to step up efforts to curb corruption within its ranks.

“The case of Gen. Garcia is with the court so it is in the jurisdiction of the court. The court decision should be followed. It’s part of our judicial system,” Armed Forces of the Philippines vice chief of staff Lt. Gen. Reynaldo Mapagu said in an interview.

“Let the court decide. If he is guilty of plunder, he should be punished accordingly. If the court finds him not guilty of the grave offense of plunder but guilty of a lesser offense, he should also be meted the appropriate punishment,” he added.

Mapagu said the case of Garcia proves that the military does not tolerate any wrongdoing by its personnel.

“That goes to show that we don’t condone shenanigans in our ranks,” he said.

Mapagu said they have implemented measures to promote accountability among the members of the Armed Forces.

Mapagu said the AFP is strengthening the Office of Ethical Standards and Public Accountability (OESPA), which investigates alleged wrongdoing of soldiers.

He said the processing and review of statements of assets liabilities and net worth have been streamlined to make it easier to detect discrepancies and potential irregularity.

“If there are discrepancies in your net worth from last year to this year, you will be asked to explain. One way of explaining is to submit documents. You will be asked to present to OESPA documents that will substantiate the discrepancies,” Mapagu said.

Meanwhile, the PNP was still verifying the Sandiganbayan’s order to release Garcia as of 6:15 p.m. yesterday.

“We want to make sure that there will be no more case pending against Garcia,” Superintendent Cesar Magsino, chief of the PNP Custodial Center, said.

Magsino admitted that they received the order at 6:30 p.m. Thursday. SPO1 Johnny Llave received the order.

The PNP Custodial Center chief said it was also coordinating with the AFP.

In 2005, the AFP general court-martial convicted Garcia of undeclared wealth, and dishonorably dismissed him from the military and sentenced him to two years of hard labor. – With Alexis Romero, Cecille Suerte Felipe