OSG, AMLC alerted months ago about Garcia plea bargain

MANILA, Philippines - The Office of the Solicitor General (OSG) and the Anti-Money Laundering Council (AMLC) knew of the plea bargaining agreement between the Office of the Special Prosecutor and former military comptroller Carlos Garcia, reliable sources told The STAR.

Quoting court records, the sources said the two agencies did not tell Malacañang about the deal.

Pursuant to the Dec. 16 agreement, Garcia, accused of plunder, would plead guilty to the lesser crimes of direct bribery and facilitating money laundering so he could post a P60,000 bail for his temporary liberty.

The STAR learned that the OSG and the AMLC had to ask a Manila regional trial court to lift a freeze order on Garcia’s bank accounts that they themselves secured as they were building a forfeiture and money laundering case against the former military general.

Sources said the freeze order had to be lifted as it was in conflict with a Sandiganbayan order for banks to transfer Garcia’s accounts to the government.

Since the OSG and the AMLC had applied for and secured the freeze order, they themselves had to file a motion with the court to lift the order.

Former ombudsman Simeon Marcelo and former special prosecutor Dennis Villa-Ignacio had written a letter to President Aquino to inform him that the OSG can still stop the deal through a motion to intervene and a motion to annul at the Sandiganbayan.

Under the plea bargaining agreement, Garcia would be allowed to plead guilty to lesser offenses in exchange for surrendering real and other properties to the government, including bank accounts here and abroad worth over P135.4 million.

STAR sources said the Sandiganbayan wanted Garcia to first transfer his assets to the government before a decision on the lesser offenses of direct bribery and facilitating money laundering is promulgated.

The anti-graft court twice scheduled a promulgation of judgment but both were deferred supposedly because not all of Garcia’s cash stashed in banks have been surrendered.

Garcia is expected to be convicted and sentenced for direct bribery and facilitating money laundering, along with other accessory penalties.

Last week, the Sandiganbayan barred government lawyers and Garcia’s legal counsel from talking to the media.

However, officials of the Office of the Ombudsman and the Office of the Special Prosecutor said once the court sentences Garcia, all circumstances surrounding the plea bargaining agreement would be explained in detail to answer the allegations of wrongdoing being hurled against them.

Marcelo and Villa-Ignacio appear to have given Aquino wrong information that Garcia had filed a demurrer to evidence.

In a demurrer to evidence, the defense would ask the court to rule on the case based on the evidence presented by the prosecution on the belief that the government’s evidence is weak.

Records of the case show that no demurrer to evidence was filed because government lawyers have not rested their case.

The Sandiganbayan is yet to rule on its formal offer of evidence.