Sandigan: Ex-AFP comptroller must pay P400 million fine

MANILA, Philippines — Anti-graft court Sandiganbayan has upheld its earlier resolution ordering retired military comptroller Carlos Garcia to pay a total of P407.8 million in fine as part of his conviction for direct bribery and facilitating money laundering when he was in the military service.

In an eight-page resolution promulgated on Sept. 19, the court’s Second Division denied the motion for reconsideration (MR) of Garcia seeking the reversal of its July 30 resolution ordering the issuance of writs of execution against him.

The writs of execution would legally compel Garcia to pay fines amounting to P406.3 million for his conviction for direct bribery under Article 210 of the Revised Penal Code and P1.5 million for his conviction for facilitating money laundering under Section 4 (b) of Republic Act 9160 or the Anti-Money Laundering Law.

The Second Division said the arguments raised by Garcia in his MR were “mere rehash” of his previous arguments contesting the July 30 resolution.

The Second Division maintained that the issuance of writs of execution was in order “to satisfy the judgement rendered in theses cases.”

It was in July 2022 when the Second Division convicted Garcia of direct bribery and facilitating money laundering, after he voluntarily pleaded “guilty” to the cases in accordance with his plea bargain agreement (PBA) with the Office of the Ombudsman.

The Second Division gave no weight to Garcia’s reiteration that his surrender of P135.433 million worth of properties as part of his PBA with the ombudsman should have been considered in the computation of the fine.

The court maintained that the return of the properties found to have been illegally amassed by Garcia was part of the restitution or civil liability provision of his PBA with the ombudsman.

The Second Division said that such civil obligation must be separate from the fine he has to pay for his conviction.

“The inescapable conclusion is that the listed properties are the proper subject of restitution and civil liability arising from crime. These properties may not be considered payment for the fine imposed under the law,” the Second Division stressed.

The court also found no merit in Garcia’s insistence that his voluntary surrender as well as his voluntary plea of guilt are mitigating circumstances in his favor that should have also been considered in the computation of the fine imposed on him.

The court maintained that the July 2022 decision convicting Garcia as charged had already attained finality, thus may no longer be modified, including the fines required.

“It is a well-established rule that a judgment, once it has attained finality, can never be altered, amended or modified, even if the alteration, amendment or modification is to correct an erroneous judgment... The Court may no longer modify the fines imposed therein,” the Second Division said.

“Let the writs of execution be issued according to the tenor of the Resolution dated July 30, 2024,” it added.

Prison terms

In its July 2022 decision, the Second Division sentenced Garcia to four to eight years imprisonment for direct bribery on top of P406.3-million fine and prison terms of four to six years for facilitating money laundering on top of P1.5-million fine.

Garcia, however, is considered to have already fully served his prison sentence as records showed that he remained in detention at the New Bilibid Prison in Muntinlupa from Sept. 16, 2011 to Aug. 7, 2023.

The cases stemmed from Garcia’s alleged receipt of kickbacks, commissions and “shopping money or gratitude money” from 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 from 1993 to 2004.

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