Ex-AFP comptroller Garcia released from PNP custodial center

MANILA, Philippines - Retired general and former military comptroller Carlos Garcia walked out of detention yesterday after posting P60,000 bail on Thursday.

The Sandiganbayan allowed Garcia to post bail in a plea bargaining deal with government lawyers in which he pleaded guilty to direct bribery and to violation of the anti-money laundering law.

Garcia had been originally charged with a capital offense of plunder for allegedly acquiring more than P300 million in unexplained wealth when he was the Armed Forces of the Philippines comptroller in 2004.

His wife, Clarita, and children Ian Carl, Juan Paulo and Timothy Clark, who all had fled to the United States, were also included in the case.

A visibly happy Garcia walked out of his cell after six years in detention at the Philippine National Police (PNP) Custodial Center in Camp Crame.

Garcia, accompanied by his lawyer, thanked reporters before boarding a waiting car.

In a two-page resolution penned by Sandiganbayan Associate Justice Teresita Diaz-Baldos, the anti-graft court granted the petition for bail filed by Garcia’s lawyers after he pleaded guilty to lesser offenses.

“In light of the aforesaid circumstances, and considering that the offenses to which the accused pleaded guilty are bailable, the court hereby resolves to allow accused (Garcia) to post bail for his provisional liberty,” the anti-graft court ruled.

In its ruling, the Sandiganbayan directed the PNP to discharge Garcia from its custody “unless there be any other valid reason for further detaining him.”

The PNP Custodial Center received the order late Friday.

Garcia paid the P60,000 bail via a personal check delivered by his lawyer Constantino de Jesus.

It’s up to courts

The military welcomed Garcia’s release and it would follow the order of the court.

“Gen. Garcia is under the jurisdiction of the court, and so whatever the court decides, it would be followed,” said AFP vice chief Lt. Gen. Reynaldo Mapagu.

Mapagu assured Garcia would be the last officer to embezzle military funds, as reforms have already been undertaken since the discovery of the irregularity more than five years ago.

A military court had meted Garcia two years of hard labor for amassing unexplained wealth in violation of provisions of the Articles of War.

“A lot of reforms have been instituted, including the adoption of internal measures. These were made to prevent graft and corruption. Even our procurement system has been made transparent,” Mapagu said.

On the other hand, former Ombudsman and Solicitor General Simeon Marcelo said he would ask President Aquino to intervene in the case.

Marcelo said he and former Special Prosecutor Dennis Villa-Ignacio would send a letter to the President urging him to direct the Office of the Solicitor General (OSG) to declare the plea bargaining agreement invalid.

“As tribune of the people, the OSG should protect the public interest even if that is contrary to his opinion or to the position of his client,” Marcelo said.

“The offended party in this case is the Armed Forces of the Philippines and the President being the Commander-In-Chief, can intercede,” he pointed out.

Marcelo said the Sandiganbayan had already ruled there was sufficient evidence to prosecute Garcia.

He recalled that during the pre-trial conference on the case, Garcia was not even able to defend himself.

Deputy Special Prosecutor Jesus Micael, however, defended the plea bargaining agreement with Garcia saying it is the discretion of the court to approve such a deal.

Micael also rebuffed Marcelo’s move to convince the President intervene in the case.

“The executive (branch) can’t intervene in a judicial matter,” he said.

Micael said the accused is entitled to post bail since he is now charged with bailable offenses.

He said a plea bargain deal may be allowed “anytime before the decision of the court.”

Government lawyers had earlier pointed out that the plea bargain deal “is consistent with the interest of the state since justice will be served proceeding from an assured and agreed plea to a lesser offense.”

The prosecution panel believes the agreement “will preserve the assets that are still there to recover, and will prevent the depletion of the properties that the government is going to recover.”

“The fact that the court approved the agreement, there is basis to it and that it is valid and legal. They studied it thoroughly and in case they don’t agree to it, they will just disapprove it but that didn’t happen,” Micael said. – With Jaime Laude, Rhodina Villanueva