MANILA, Philippines – Retired Army major general Carlos Garcia was acquitted of perjury by the Sandiganbayan yesterday, the second time he has been absolved of that charge.
The former Armed Forces comptroller is also facing a P303-million plunder charge and two other perjury charges in different divisions of the anti-graft court.
In acquitting Garcia of one count of perjury, the Sandiganbayan said he “committed an honest mistake” when he failed to declare three motor vehicles worth P1.51 million in his 1998 Statement of Assets, Liabilities and Net Worth (SALN).
Garcia’s failure to declare all his assets in his SALN as of Dec. 30, 1998 was “not deliberately done,” the anti-graft court added.
In the 54-page decision, the anti-graft court ordered the release of Garcia’s cash bond, and the lifting of his hold departure order by the Bureau of Immigration.
In 2006 the Sandiganbayan acquitted Garcia of perjury charges involving his 1999 SALN after the criminal information was found to have no basis.
In his 1998 SALN, Garcia only declared ownership of motor vehicles valued at P870,000.
Prosecutors said Garcia had three more vehicles, including a Toyota Previa worth P521,797 registered under his name; and a Mitsubishi L-300 Van De Luxe valued at P424,583 and a 1997 Honda Civic 1.6vti worth P564,000, both registered under the name of his wife, Clarita.
However, the Sandiganbayan said the prosecution failed to prove that the two vehicles are conjugal property, which Garcia ought to have declared.
The Sandiganbayan said a false belief is not perjury.
“Bona fide belief in the truth of a statement is an adequate defense,” read the decision. “A false statement which is obviously the result of an honest mistake is not perjury.”
The Sandiganbayan said perjury cannot be willful, where the oath is according to belief or conviction as to its truth.
The “confluence of errors” caused the failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, the anti-graft court added.
The Sandiganbayan said because of the defective SALN form, Garcia’s failure to declare all his assets therein was simply an honest mistake.
“Perjury cannot be willful where the oath is according to belief or conviction as to its truth,” read the decision. “A false statement of a belief is not perjury.”
The decision was written by Associate Justice Samuel Martires and concurred by Associate Justices Edilberto Sandoval, division chairman, and Teresita Diaz-Baldos.