SC affirms Garcia conviction

MANILA, Philippines - The Supreme Court (SC) has affirmed the conviction of retired Armed Forces comptroller Carlos Garcia in September last year for hiding his assets and not declaring a truthful statement of assets, liabilities and net worth (SALN) in 2002 and 2003.

In a 28-page decision released yesterday, the SC Third Division dismissed the petition of Garcia seeking to nullify the confirmation of sentence signed by President Aquino on Sept. 9, 2011, which upheld the guilty verdict handed down by the General Court Martial in December 2005 for violation of the Articles of War.

“This Court finds that the Office of the President did not commit any grave abuse of discretion in issuing the confirmation of sentence in question,” read the ruling penned by Associate Justice Diosdado Peralta.

The SC dismissed the claim of Garcia that his right to speedy trial was violated with the delay in the confirmation of his sentence by six years.

“In this case, there was no allegation whatsoever of any delay during the trial. Basically, the case has already been decided by the General Court Martial and has also been reviewed by the proper reviewing authorities without any delay. The only thing missing then was the confirmation of sentence by the President,” it explained.

The SC pointed out that Garcia “took no positive action to assert his right to a speedy disposition of his case” during the six-year period when the confirmation remained at the Palace.

The Court believed that the petition “was part of the reason for the failure of his case to move on towards its ultimate resolution” and that the delay even served “to his advantage.”

Because of this, the SC said the Palace couldn’t be blamed for the delay in the confirmation of the sentence, which was the main basis of Garcia’s plea.

In a 62-page petition filed on Sept. 30 last year, Garcia stated that his arrest and detention is “a case of illegal confinement or detention.”

Records showed he was found guilty by court-martial in December 2005 for wrongfully declaring his existing assets in his SALNs for 2002 and 2003, and being an American immigrant while serving in the Philippine military.

On Sept. 9 last year, Aquino, as commander-in-chief and confirming authority of the Armed Forces of the Philippines (AFP), issued the assailed confirmation of sentence pursuant to the Articles of War.

The high court already junked in October last year the petition of Garcia seeking temporary release from the New Bilibid Prison (NBP) through issuance of writ of habeas corpus.