Sandigan hits OSG for 'howling like a wolf' on Garcia plunder raps

MANILA, Philippines - The Sandiganbayan accused the Office of the Solicitor General (OSG) yesterday of “howling like a crazy wolf” for its persistence in asking that its lawyers be allowed to intervene in the plunder case against former military comptroller Carlos Garcia.

“Why are you now disturbing the natural order of things… you are howling like a crazy wolf, not in the middle of night, but at noon,” Associate Justice Samuel Martires of the anti-graft court’s Second Division said in yesterday’s hearing.

Assistant Solicitor General Amparo Cabotaje-Tang insisted that the plea bargaining agreement with Garcia is illegal because it was not approved by the Armed Forces of the Philippines (AFP) as the offended party.

Cabotaje-Tang said President Aquino, as commander-in-chief, may represent the state or the AFP in deciding whether to approve or reject the agreement with Garcia.

The agreement has allowed Garcia to plead guilty to the lesser crimes of direct bribery and facilitating money laundering in exchange for surrendering P135.4 million of his alleged ill-gotten wealth.

But Martires asked why no one questioned the government’s deal with Charlie “Atong” Ang who was co-accused in the plunder case against former President Joseph Estrada.

 “Why did the OSG now ask President Arroyo to consent? ”he said.

Sandiganbayan presiding Justice and Second Division chairman Edilberto Sandoval also asked why the OSG did not manifest its disapproval when it was asked to withdraw a freeze order on Garcia’s assets issued by a Manila court last year.

Sandoval said the OSG was also silent during the last five to six years that Garcia was on trial.

He added that the consent of offended parties in plea bargaining agreements should only be secured when the offended parties are private individuals, like in murder cases.

“The law cannot cover all situations,” he said. “There is not even an instance in the history of judicial trial when the president signed (a plea bargaining agreement).”

“Where is (Solicitor General) Jose Anselmo Cadiz?” Sandoval also asked, noting that Cabotaje-Tang is the only one representing the OSG in its motion to intervene in the case since last January.

“He (Cadiz) has never appeared (here) but is always appearing before the media,” he said.

The Sandiganbayan meanwhile ordered the OSG and Garcia’s lawyer Constantino de Jesus to file their comments or oppositions to the OSG’s motion for reconsideration in 10 days.

Sandoval also gave Cabotaje-Tang another 10 days to file a reply after which the case would be deemed submitted for resolution.