However, no warrant of arrest was issued against Garcia’s wife Clarita or their children Ian Carl, Juan Paolo and Timothy Mark.
Sandiganbayan sheriff Ed Urieta and Special Prosecutor Dennis Villa-Ignacio could not say whether Garcia would be detained at the anti-graft court, the military stockade at Camp Aguinaldo, or at the Quezon City jail.
Military authorities handed over custody of Garcia yesterday to Urieta and ordered his transfer from the Intelligence Service of the Armed Forces of the Philippines detention facility to the Sandiganbayan.
Defense lawyers Constantino de Jesus and Jose Bautista protested the military action on grounds that they had a pending motion questioning Garcia’s transfer to a civilian jail.
Provost Marshall Col. Henry Gallarpe, Garcia’s chief military custodian, escorted the prisoner to the Sandiganbayan aboard a military vehicle.
Urieta served the warrant for Garcia’s arrest to Gallarpe at his office at Camp Aguinaldo at 1:30 p.m. yesterday.
With no objections, Galarpe facilitated Garcia’s transfer of custody and after a routine medical checkup, by 2:30 p.m. he was whisked away by military escorts from Camp Aguinaldo.
Lt. Col. Buenaventura Pascual, Armed Forces public information chief, said Garcia’s court martial would continue despite his transfer to the Sandiganbayan’s custody.
"The military hearing will continue," he said. "His (Garcia) presence will be requested by the General Court Martial who will be his chief custodian."
Pascual said that Garcia could be detained at the Quezon City jail, at Camp Crame, or any Bureau of Jail Management and Penology detention facility, depending on what the Sandiganbayan decides.
"Bahala na sila kung saan nila e-detain (It’s up to them where to detain him)," he said. Basta dito sa amin, tuloy pa rin ang kaso niya (As far as we’re concerned, his military trial will continue)."
Garcia is facing charges before the military court of violating Articles of War 96 and 97, or conduct unbecoming of an officer and gentleman and conduct prejudicial to good order and military discipline.
Villa-Ignacio said the government wants Garcia detained at the Quezon City jail along with hardened criminals, but his lawyers led by retired Makati judge Jose Bautista insisted that he remain at the military stockade at Camp Aguinaldo.
A hearing will be held this afternoon to determine where Garcia should be detained.
Last April 15, lawyers for Clarita and her children asked the Sandiganbayan to hold the issuance of a warrant of arrest for their clients until after a judicial determination of probable cause has been issued.
Defense counsel Constantino de Jesus told Justices Edilberto Sandoval, Francisco Villaruz and Rodolfo Ponferrada that Ian Carl, Juan Paolo and Timothy Mark are abroad, most likely in the United States.
Garcia, Clarita and their three children are also facing charges before the second division for allegedly conspiring to acquire ill-gotten wealth amounting to P303.2 million. — With Jaime Laude