Garcia may get 12 years in prison for direct bribery

Manila, Philippines - Former military comptroller Carlos Garcia could face a maximum of 12 years in prison for direct bribery and facilitating money laundering.

The Sandiganbayan is expected to promulgate its decision within the next weeks.

Under the Revised Penal Code and the Anti-Money Laundering Act (AMLA), Garcia will also be fined millions of pesos.

He must also surrender P135.4 million of his alleged unexplained wealth pursuant to his plea bargaining agreement with the Office of the Special Prosecutor.

The Sandiganbayan Second Division chaired by Presiding Justice Edilberto Sandoval has yet to render a decision on the case.

Garcia was allowed to post bail on Dec. 16, 2010 after the charges against him were reduced from plunder and money laundering to direct bribery and facilitating money laundering in accordance with the plea bargain.

Sources who spoke on condition of anonymity told The STAR Garcia, who has already been detained for some six years, might be imprisoned for an additional six years, depending on the decision of the Sandiganbayan.

The Revised Penal Code defines direct bribery as an act by “any public officer who shall agree to perform an act constituting a crime in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.”

Under the law, the maximum penalty that can be imposed is six to 12 years’ imprisonment in addition to a fine of not less than the value of the gift and of not more than three times the value of the gift.

The AMLA defines facilitating money laundering as an act by “any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering.”

Under the law, the penalty for such an offense is “imprisonment from four to seven years and a fine of not less than P1.5 million, but not more than P3 million.”

Garcia was charged with plunder in 2005 for allegedly receiving gifts, commissions, and kickbacks from military suppliers and contractors in the amount of P303 million.

He entered into a plea bargaining agreement with the Office of the Special Prosecutor in March 2010. – With Edu Punay