Ex-AFP comptroller Carlos Garcia ordered to pay P407.8 million fine

MANILA, Philippines — Retired military comptroller Carlos Garcia is now legally compelled to pay a total of P407.8 million in fines for his conviction in 2022 of direct bribery and facilitating money laundering in connection with his illegal amassing of wealth amounting to P303 million when he was in the military from 1993 to 2004.

In a 15-page resolution promulgated on July 30, the Second Division of the anti-graft court Sandiganbayan has granted the motion of the prosecution panel of the Office to the Ombudsman to issue writs of execution in order to compel Garcia to pay fines amounting to P406.3 million for his conviction of direct bribery under Article 210 of the Revised Penal Code and P1.5 million for his conviction of facilitating money laundering under Section 4 (b) of Republic Act 9160 or the Anti-Money Laundering Law.

The court said the issuance of writs of execution was in order “to satisfy the judgement rendered in these cases.”

The court gave no weight to Garcia’s argument that his previous payment of P135.433 million in connection with a plea bargain agreement (PBA) with the ombudsman should have been considered in the computation of the fine.

“As discussed above, the amount of P135,433,387.84 surrendered to the Republic in accordance with the PBA was given by way of restitution for criminal acts and constitutes an admission of civil liability arising from the commission of a crime. As accused pleaded guilty to the crime of direct bribery, the Court is duty-bound to render the requisite penalty as dictated by law,” the Second Division said.

The court also found no merit in Garcia’s claim of insolvency or inability to pay as the government supposedly already forfeited all his assets and properties.

On July 5, 2022, the Second Division convicted Garcia of direct bribery and facilitating money laundering, after he pleaded guilty to cases in accordance with his plea bargain deal with the ombudsman.

The cases stemmed from Garcia’s alleged receipt of kickbacks, commissions and “shopping money or gratitude money” in several government projects or transactions when he was the deputy chief of staff for comptrollership of the Armed Forces of the Philippines with the rank of major general.

An investigation by the Senate Blue Ribbon committee also revealed Garcia was allowed to pocket some P165 million in “pabaon” or send-off money before his retirement in 2004.