Noy stands firm on Garcia's detention at NBP

NEW YORK (via PLDT) – Former military comptroller Carlos Garcia may have to stay at the New Bilibid Prison (NBP) in Muntinlupa, as far as President Aquino is concerned.

“I don’t see any reason why he should be transferred to another detention facility,” Aquino told Manila-based reporters over coffee late Tuesday at Omni-Berkshire Hotel here, where he was billeted during his short stay.

He added that the decision to have Garcia incarcerated at the national penitentiary was upon the advice of Justice Secretary Leila de Lima.

The President was reacting to the concerns raised by Sen. Panfilo Lacson on the propriety of Garcia’s detention at the NBP.

Lacson said Garcia should be kept in a military facility because a military court convicted him. He added that the Armed Forces of the Philippines (AFP) has its own traditions, rules and regulations.

In an interview over dwIZ radio, Lacson said, “Pag court-martial, alam ko may sariling detention facility ang AFP at doon dapat ikinukulong ang nako-convict ng court-martial. (What I know is that the AFP has a detention facility for those convicted in a court-martial).”

A general court-martial convicted Garcia in 2005, for misdeclaring his assets and hiding his status as permanent US resident when he was still in active service. Aquino approved Garcia’s sentence on Sept. 9.

Earlier, the AFP also defended the detention of Garcia at the NBP.

“There is a law to that effect that if it’s more than one year, it (confinement) should be in the penitentiary and it is embodied in the presidential confirmation that the confinement be in the penitentiary. That’s in the presidential confirmation,” said Brig. Gen. Gilberto Roa, the AFP Judge Advocate General.

AFP chief information officer Col. Marcelo Burgos added that based on Article of War 41, a military personnel should be confined at the penitentiary if the crime is civil in nature and if the sentence is more than two years.

“If it’s (sentence) is more than one year and at the same time of civil nature, he has to be confined in a penitentiary. NBP is a national penitentiary,” Burgos said.