Prosecutor: US happy with Ombudsman's handling of Garcia case

MANILA, Philippines - The United States is happy with the way the Office of the Ombudsman is running after former military comptroller Carlos Garcia’s alleged ill-gotten wealth, according to the Office of the Special Prosecutor (OSP).

Special Prosecutor Wendell Barreras-Sulit said the US Department of Justice had congratulated her prosecutors for a job well done.

Barreras-Sulit said the actual value of the real properties seized from Garcia may be more than P303 million.

The amount is a modest valuation based on current market value, she added.

Assistant Special Prosecutors Jose Balmeo Jr. and Joseph Capistrano said they inherited a “deficient” information filed by former ombudsman Simeon Marcelo and former special prosecutor Dennis Villa-Ignacio.

They also had “no other evidence” except the complaint affidavit, land titles, vehicle registrations, statements of assets and liabilities, and photocopies of Clarita Garcia’s supposed admission to US immigration officials that her husband received millions of pesos in commissions from suppliers and contractors of the Armed Forces, they added.

Capistrano said their “hands were tied” as they had insufficient evidence to prove the allegations in the information.

“Despite the inherent deficiencies, inilaban namin ang kaso (we still proceeded with the case),” he said.

Capistrano said when Garcia’s lawyer saw the loopholes, he filed a petition for bail which was denied.

He and Balmeo tried to find the suppliers and contractors who allegedly bribed Garcia, he added.

Balmeo said things got worse when the prosecution’s witnesses, on cross-examination, told the Sandiganbayan no AFP funds are missing.

“Nagkaroon po ng malaking (There arose a huge) doubt,” he said.

Balmeo said plunder requires a series of overt acts or crimes like malversation and bribery, he added

The plea bargaining agreement was an offshoot of Ombudsman Merceditas Gutierrez’s effort to extradite Garcia’s wife and children to give the OSP some leverage, he added.

Deputy Special Prosecutor Jesus Micael said mere possession of a lot of money is not plunder.

“We were left with no option, no sufficient evidence to convict Garcia beyond reasonable doubt,” he said.

Barreras-Sulit said the US DOJ is offering to train OSP prosecutors on how to manage recovered ill-gotten wealth.

She said they saw efforts to prosecute even if some of the stolen wealth were in America.

The US has been watching the case since part of Garcia’s alleged ill-gotten assets are money stashed in two US banks and a $765,000 condominium unit in Trump Park Avenue, New York, Barreras-Sulit said.

SC: Wait for Sandigan decision

Critics were advised yesterday to await the Sandiganbayan’s approval of the plea bargaining agreement between the government and Garcia before making any comment.

Supreme Court spokesman Jose Midas Marquez said the anti-graft court will speak through its decision.

“Let’s wait for the decision and let’s go through the decision, read it carefully and after which we can make our own respective comments and issue our views,” he said.

Speaking to reporters, Marquez said comments from Malacañang and various other sectors only preempt the decision of the Sandiganbayan.

“I think the justices of the Sandiganbayan may include that (explanation) in their decision,” he said.

“The Supreme Court has full faith in our Sandiganbayan. Let’s give the Sandiganbayan a chance to promulgate its decision based on the merits.”

Marquez said Justice Secretary Leila de Lima has no right to demand that the Sandiganbayan explain the plea bargaining agreement.

“I would like to think it’s only the Supreme Court that has the authority to ask the Sandiganbayan justices to explain their decisions,” he said.

Marquez said De Lima was just too eager to read the anti-graft court’s decision to find answers to her questions.

“We don’t expect the DOJ secretary to always agree with decisions of the court,” he said.

“But then again let’s wait for the decision of the court.”

Meantime, Parañaque Rep. Roilo Golez wants former defense secretary Angelo Reyes investigated as part of the plunder case against Garcia.

Golez, a former Navy officer, said Reyes cannot escape responsibility as the superior of Garcia and another former military comptroller, retired Maj. Gen. Jacinto Ligot.

“Both AFP comptrollers during his watch as chief of staff and as secretary of the Department of National Defense are facing hundreds of millions of pesos worth of unexplained wealth and corruption charges,” he said.

“Only a stupid superior can claim that he did not know the shenanigans and conversions that were obviously going on during his watch, and Angie Reyes cannot claim stupidity, being one of the smartest to hold said AFP and DND positions, smarter than others obviously.” – With Edu Punay, Jess Diaz