Gen. Garcia too asked for return of $100,000

Deepest condolences to the family of Thelmo Y. Cunanan, soldier, diplomat, patriot, who passed away Monday, Jan. 17, after a lingering illness. Wake is at Heritage Memorial, Fort Bonifacio. Interment: Saturday, Jan. 22, after the 1 p.m. Mass, also at Heritage Memorial.

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Apparently the Jan. 9, 2004, excuse letters of brothers Ian Carl and Juan Paolo Garcia didn’t work. US feds refused to return the $100,000 smuggled cash confiscated from them on Dec. 19, 2003, at San Francisco airport. The claim of Ian Carl, then 25, didn’t wash that the money was for his medical treatment, youngest brother Timothy Mark’s tuition and condo down payment, and the family’s holiday expenses in New York. (See Gotcha, 17 Jan. 2011) Futile too was the defense of Juan Paolo, 23, that he feared being queried by Customs officers, just like they did the previous Oct. about his flying first class when he was only a student.

So on Jan. 12, 2004, it was the turn of their father, Maj. Gen. Carlos F. Garcia, to write Immigration and Customs Enforcement. He made it look official by using his office stationery, which depicted a banner with two stars (his rank) and proclaimed:

Republic of the Philippines

Department of National Defense

General Headquarters, Armed Forces of the Philippines

Office of the Deputy Chief of Staff for Comptrollership

Camp General Emilio Aguinaldo, Quezon City

Like his sons three days before, Garcia addressed his two-pager to the ICE’s Fines, Penalties, and Forfeiture Office in California. Wrote he:

“I am writing your good office in reference to my sons: Juan Paulo and Ian Carl, request for petition for relief from the seizure of funds (Reference- FPF No. 20042801000016-01).

“I am Carlos Flores Garcia, legal age, Filipino citizen and residing at JOQ #22 Gallego St., Camp Gen. Emilio Aguinaldo, Quezon City, Philippines. I am an active officer (Major General) of the Armed Forces of the Philippines (AFP) and currently the Deputy Chief of Staff, J6, AFP. My other concurrent duties and positions are: Director, AFP Retirement, Separation and Benefit System (AFPRSBS); Trustee, AFP Savings and Loan Association (AFPSLAI); Chairman of the Board, Monterosa Development Corporation (AFPRSBS subsidiary); Director, R & R Travel Tours (AFP General Insurance Corporation subsidiary) and Chairman of the Board, AFP Camp Aguinaldo Golf Council. I have been in the active military service for 37 years.

“I would like to inform you Sir/Madam, that I have requested my sons to bring along the money in the amount of ONE HUNDRED THOUSAND DOLLARS (USD 100,000) to US intended for the payment of:

“- Initial down-payment of the condominium apartment my son Timothy Mark will reside;

“- Tuition and registration fees for the school year 2004 of my son Timothy Mark at Parson’s School, NY and

“- Family expenses for the holiday seasons which we intend to spend in New York.

“However, I failed to advice my sons regarding the declaration of the money to US Customs.

“Sir/Madam, the amount of money seized from my sons were sourced from the savings of my personal income, honorariums and allowances and dividends from capital contributions earned and saved through the years. I judiciously spend for our family expenses and sustenance in order to save for the education of my children.

“Request for your kind understanding and a favorable disposition on the case of my sons. With highest esteem.

“Carlos F. Garcia

 “Maj. Gen. AFP”

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Evidently Garcia’s letter didn’t work either. So his wife Clarita personally visited the ICE on April 6 (not June 4, as misreported), 2004, to prove their ownership of the $100,000. In typewritten and handwritten statements she famously listed their sources of wealth: gratuity money, travel allowances and shopping money from military contractors; and a plantation, a resort and a care home in the Philippines for which they evade taxes. She also detailed such privileges from the AFP as 4,000 gallons monthly gas grant, soldier-bodyguards, drivers, and a cook-pianist. (See Gotcha 22 and 27 Dec. 2010)

The Garcias’ money transactions were reviewed. It turned out that, aside from the $100,000 carried undeclared by their sons on Dec. 19, Clarita also brought in declared $100,000 on Dec. 17, 2003, and $204,230 on Jan. 14, 2004. She transferred bank-to-bank from Manila to New York another $308,000 on Jan. 15, 2004. In all they moved within one month $712,230, or P39,350,707.50 at the exchange rate then of P55.25:$1.

Clarita had brought in a separate $48,000 on May 10, 2002. Garcia carried $15,000 on Nov. 4, 1993, and $10,400 on Aug. 1, 1995.

US investigators also took note of three pieces of real estate:

• a house on 625 Vancouver Drive, Westerville, Ohio, in the names of Carlos, Clarita and Timothy;

• a flat on 222 East 34th St., Apt. 2202, New York City, in the names of Clarita and Timothy; and

• a condo in Trump Place, 502 Park Avenue, Unit 6A, New York City, in the name of Clarita and Timothy.

Philippine immigration also checked the Garcias’ foreign travel records. Carlos had flown out seven times, and Clarita ten times from 2001 to 2004.

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