'Ex-DND execs in Garcia case liable for negligence'

MANILA, Philippines - The former defense officials who allegedly sat on the implementation of the court-martial ruling on former military comptroller Carlos Garcia should be charged for gross negligence, Sen. Franklin Drilon said yesterday.

Drilon also urged defense Secretary Voltaire Gazmin to furnish the Senate copies of its investigation into the issue.

The Special Defense Investigation Committee (SDIC) that investigated the massive graft and corrupt practices of Garcia had recommended the investigation of former Defense chief Norberto Gonzales, former undersecretary for legislative affairs Arturo Lomibao, and former undersecretary for legal affairs Arturo Valenzuela.

The SDIC said the three officials apparently sat on the court-martial conviction of Garcia.

“In his apparent inaction, let us ask the AFP (Armed Forces of the Philippines) if this could constitute gross negligence on the part of Bert Gonzales (et al)... if there was a deliberate attempt (not to implement the order),” Drilon said in a radio interview.

“Let us find out if there was suppression or infidelity in the care of public records. We will ask a report from Defense Secretary Voltaire Gazmin and to submit this to the Senate,” he added.

The SDIC submitted its recommendations to Gazmin on April 6.

President Aquino approved Garcia’s court-martial conviction last Sept. 9, or five months after the SDIC submitted its recommendation.

Lomibao cries foul

Lomibao, meanwhile, denied the allegations that he was among the officials who supposedly sat on Garcia’s conviction.

The former Philippine National Police chief issued a statement yesterday saying he was appointed to the Department of National Defense (DND) as undersecretary for legislative affairs for barely three months from April to June 2011.

“I never saw nor came across a case folder of Garcia’s (court-martial) conviction nor his appeal. Thus, I cannot possibly act on something that was not brought before me. I am totally ignorant of this case,” he said.

Lomibao said he welcomes any investigation into the issue, “if only to clear my name and the irreparable damage it has caused me.”

“Government functionaries should be more careful in accusing or investigating people because it leaves a bad impression on their efficiency and performance,” Lomibao said.

Lomibao said no one tried to get in touch with him for reaction regarding the issue.

The former police chief lamented that after 40 years in government service, his name was tarnished by “malicious accusations and inaccurate reporting,” which he said, “is extremely unjust and hurtful.”

“I want to clear my name. I would therefore welcome a fair and impartial investigation,” he said.

Gonzales, for his part, said he would have to gather information about the issue.

“Just call me tomorrow (today). Let me ask questions about it (issue) first,” he said.

DND spokesman Col. Hernando Iriberri said the issue is being investigated by a joint panel of the DND and the Department of Justice (DOJ).

“The DND-DOJ coordinating committee already took cognizance of the issue regarding the inaction on the case of Garcia and will submit its recommendation on the matter by October,” Iriberri said.

Iriberri gave assurance that the three former defense officials would be accorded a fair investigation.

Iriberri said the SDIC’s recommendations prompted President Aquino to activate the joint DND-DOJ committee last May. 

He said the joint panel was formed through Memorandum Order No. 17, which directed the DND to coordinate with DOJ to determine if cases may be filed against erring personnel.

“The review and investigation of the DND-DOJ coordinating committee is ongoing. We just have to wait for the results of the investigation,” Iriberri said.

Malacañang added it would allow the DND to do the investigation into the culpability of the three former defense officials.

“Again, we don’t know what went on during the past administration so we will leave it to the AFP and the DND hierarchy to conduct the necessary and appropriate investigation on this matter,” presidential spokesman Edwin Lacierda said.

Drilon, meanwhile, made it clear that the decision to bring Garcia to the National Bilibid Prison (NBP) last Friday was an offshoot of the decision of the court martial, which is separate from the pending cases the former general is now facing at the Sandiganbayan.

The military court convicted Garcia for two years of hard labor for violating Articles of War 96 and 97, respectively known as conduct unbecoming of an officer and a gentleman and conduct prejudicial to good order and military discipline. – With Alexis Romero, Aurea Calica, Edu Punay