OSG gets new chance to argue for reversal of Garcia plea deal

MANILA, Philippines -  The Office of the Solicitor General (OSG) was given yesterday another chance to present oral arguments on the plea bargaining agreement between former military comptroller Carlos Garcia and the Office of the Special Prosecutor.

The Sandiganbayan has scheduled a hearing on June 3, just 17 days before presiding Justice Edilberto Sandoval, one of those handling the case, retires on June 20.

Solicitor General Jose Anselmo Cadiz said the anti-graft court must disapprove the deal which allowed Garcia to plead guilty to lesser crimes in exchange for the surrender of P135.4 million in unexplained wealth.

He also asked the Sandiganbayan to allow the OSG to intervene in the case as legal counsel of the government and the Armed Forces.

The OSG also asked the anti-graft court to revoke the bail granted to Garcia last Dec. 16, and have him re-arrested.

It wants the case against Garcia reverted back to plunder in which he is accused of stealing P303 million from the government.

Palace: No deal with plunderer

Malacañang vowed yesterday to exhaust all means to stop the Office of the Special Prosecutor’s deal with Garcia.

Presidential spokesman Edwin Lacierda said that government must not make any deal with a plunderer.

“The Office of the Solicitor General has raised what it considers grave defects in the reasoning and justifications given by the Sandiganbayan in upholding the plea bargain,” he said.

Lacierda said the Sandiganbayan justified the deal on grounds that prosecutors had failed to get enough evidence to convict Garcia.

“This suggests the many and thoroughgoing reforms we all hope will be put in place as the next ombudsman works to regain public trust and refocus the Office of the Ombudsman as the premier graft-busting agency of our government,” he said.

“We can only consolidate the gains we have already made in restoring public trust and confidence in our institutions, if we are relentless in changing the system: both in terms of behavior and in always adhering to the public good.”

Drilon backs Cadiz

Sen. Franklin Drilon backed yesterday Solicitor General Cadiz in asking the Sandiganbayan to reconsider its approval of the deal with Garcia.

“There is what we call exhaustion of all remedies before going to the Supreme Court (SC),” he said.

“There is a danger that the Supreme Court will not entertain the petition of the Solgen if an MR has not been filed because the Sandiganbayan must be given an opportunity to correct itself before you go to the SC.

“That is the rational for requiring a motion for reconsideration.”

Drilon said the SC can reinstate the plunder case against Garcia, and that he will again be detained.

“If the SC finds merit in the Solgen position, it can void the plea bargaining agreement,” he said. “The SC can declare the deal void and therefore order again the detention of Gen. Carlos Garcia since plunder is a non-bailable offense and if the (plea bargaining agreement) is voided, the original charge of plunder is reinstated... and therefore General Garcia goes back to detention.” – With Christina Mendez, Aurea Calica, Alexis Romero

Military hopes OSG wins

The military hopes the OSG would be able to convince the Sandiganbayan to reject the plea bargaining agreement with Garcia.

Armed Forces public affairs chief Col. Arnulfo Burgos Jr. said they believe that the OSG would succeed in appealing the ruling.

“We will remain watchful of the consequences of the (Sandiganbayan decision),” he said. “We are hoping that the decision would be reversed.”

Burgos said they will continue to step up reforms and anti-corruption measures as they await the decision of the court.

“We will implement the necessary reforms in our financial and logistics systems. We will strengthen internal audit to prevent anomalies,” he said.

Armed Force chief Gen. Eduardo Oban Jr. has vowed to introduce reforms in the military and to remove any opportunity for corruption, Burgos said.