Probers studying GMA's liability for inaction on Garcia conviction

MANILA, Philippines - Investigators are now determining the liability of former President and now Pampanga Rep. Gloria Macapagal-Arroyo for her inaction on the conviction of former military comptroller Carlos Garcia, Justice Secretary Leila de Lima said yesterday. 

De Lima described Arroyo’s inaction to approve Garcia’s court-martial sentence during her term as “perplexing.”

“It’s perplexing why she did not act. It’s hard to believe that it (Garcia’s conviction) was forgotten or they did not know about it especially in the military. They are serious about these things,” De Lima said.

“I’m sure there is liability there. As to the exact liability, that is still being studied,” she added.

De Lima said they are conducting their own investigation on Arroyo’s liability even without the President’s orders.

“We are studying that. There is no instruction (from the President) with respect to that but if there is such issue, we do that motu propio (so that when) the President asks us, we are prepared with an answer,” she said.

De Lima noted Arroyo, as president and military commander-in-chief during Garcia’s conviction, had to confirm the conviction for it to be enforced.

In 2005, the military court slapped Garcia with two-year imprisonment and hard labor after finding him guilty of violating Articles of War 96 (conduct unbecoming of an officer and a gentleman) and 97 (conduct prejudicial to good order and military discipline).

The military tribunal said Garcia did not declare all of his assets in 2002 and 2003 and withheld information on his status as a permanent US resident while in the service.

The court-martial also ordered him dismissed dishonorably from the service. It also ordered the forfeiture of the benefits of Garcia, who retired from the service in 2004.

The sentence was not enforced for almost six years since Arroyo did not confirm the military court’s ruling.

It was only last Sept. 16 when Garcia was arrested and detained at the National Bilibid Prison to serve his sentence of two years imprisonment.

Early this year, a committee formed by the Department of Defense (DND) tasked to look into the alleged corruption in the military recommended a probe on former defense secretary Norberto Gonzales, former defense undersecretaries Arturo Lomibao and Arturo Valenzuela.

The three officials have been accused of sitting on the sentence of Garcia.

The Special Defense Investigation Committee (SDIC), composed of four senior defense officials, said it could not find any trace of Garcia’s conviction and appeal at the offices of Gonzales, Lomibao and Valenzuela.

The panel members said they were only able to find the documents after a judicious search.

The SDIC was led by lawyer Patrick Velez and consisted of Defense Assistant Secretary Fernando Manalo, then Assistant Secretary Willie Palugod and retired Brig. Gen. Fermin de Leon.

The SDIC submitted its recommendations to Defense Secretary Voltaire Gazmin last April 6. President Aquino approved Garcia’s conviction last Sept. 9.

Defense officials, however, admitted that it could not find any records that show that Garcia’s conviction reached Malacañang.

Defense spokesman Col. Hernando Iriberri has said the documents on Garcia’s case were forwarded by the military to the DND in November 2006.

The DND was then headed by Avelino Cruz, who resigned in the same month.

Cruz, whose resignation took effect on Nov. 30, 2006, was succeeded by Arroyo, who served as DND officer-in-charge for more than a month.