MANILA
On 19 December 2003, exactly seven years and two days today, Juan Paulo Garcia, son of then AFP comptroller Major General Carlos F. Garcia faced arrest by United States Customs at the San Francisco airport for failing to declare US$ 100,000 that he brought in cash. The US Court confiscated the money without fine.
General Garcia explained almost a month later (12 January 2004) to the Fines, Penalties and Forfeiture Office that the amount came from "savings, honoraria, and dividends from savings" made through the years. And the money was intended to pay for the initial downpayment for a condo unit of his son in New York.
On 2 August 2004, General Garcia wrote a letter to AFP Chief of Staff General Narciso Abaya who ordered the initiation of a probe telling a different story, that the money was intednded to pay for his wife's medical check up and teh medication of his eldest son.
On 14 September 2004, Ombudsman Simeon Marcelo received the transmittal from US Customs about the Garcia dollars, and initiated an investigation, which the Office found out prima facie case against Garcia, and ordered AFP to suspend him for six months without pay. The Philippine Star columnist Jarius Bondoc broke the story to the public.
On 12 October 2004, the AFP started a courtmarial proceedings against General Garcia, and brought him back to his quarters inside Camp Aguinaldo. Fifteen days later, the Ombudsman filed before the Sandiganbayan a petition for forfeiture of unlawfully acquired properties under Republic Act No. 1379 against Garcia. Two days later the Sandiganbayan granted the application for a writ of preliminary attachment. Garcia received teh summons and the writ on November 2.
Shortly after the Office of the Ombudsman indicted the Garcias for plunder on 6 April 1005, Clarita and the three Garcia sons--Ian Karl (30), Juan Paulo (27) and Timothy Mark--disappeared. A warrant of arrest was issued against him in May 2005, and General Garcia was transferred to Camp Crame.
On 2 December 2005, the general court martial convicted General Garcia of undeclared wealth, dishonorably dismissed him from the military and sentenced him to two years of hard labor.
On 25 February 2009 two Garcia sons, Juan Paulo (27) and Ian Karl (30) were also arrested after an indictment (issued in December 2008) in San Francisco. They were detained in the Northern District of California for bulk smuggling charges related to the $100,000 they were caught transporting to the US from the Philippines in 2003. The brothers were charged with one count of conspiracy to commit bulk cash smuggling and one count of bulk cash smuggling. The grand jury also charged Juan Paulo with one count of failing to file a report on the import of monetary instruments, and one count of making a false statement to a government agency. Juan Paulo got arrested in Pontiac, Michigan while Ian Carlg got nabbed in Las Vegas.
On 19 December 2003, exactly seven years and two days today, Juan Paulo Garcia, son of then AFP comptroller Major General Carlos F. Garcia faced arrest by United States Customs at the San Francisco airport for failing to declare US$ 100,000 that he brought in cash. The US Court confiscated the money without fine.
General Garcia explained almost a month later (12 January 2004) to the Fines, Penalties and Forfeiture Office that the amount came from "savings, honoraria, and dividends from savings" made through the years. And the money was intended to pay for the initial downpayment for a condo unit of his son in New York.
On 2 August 2004, General Garcia wrote a letter to AFP Chief of Staff General Narciso Abaya who ordered the initiation of a probe telling a different story, that the money was intednded to pay for his wife's medical check up and teh medication of his eldest son.
On 14 September 2004, Ombudsman Simeon Marcelo received the transmittal from US Customs about the Garcia dollars, and initiated an investigation, which the Office found out prima facie case against Garcia, and ordered AFP to suspend him for six months without pay. The Philippine Star columnist Jarius Bondoc broke the story to the public.
On 12 October 2004, the AFP started a courtmarial proceedings against General Garcia, and brought him back to his quarters inside Camp Aguinaldo. Fifteen days later, the Ombudsman filed before the Sandiganbayan a petition for forfeiture of unlawfully acquired properties under Republic Act No. 1379 against Garcia. Two days later the Sandiganbayan granted the application for a writ of preliminary attachment. Garcia received teh summons and the writ on November 2.
Shortly after the Office of the Ombudsman indicted the Garcias for plunder on 6 April 1005, Clarita and the three Garcia sons--Ian Karl (30), Juan Paulo (27) and Timothy Mark--disappeared. A warrant of arrest was issued against him in May 2005, and General Garcia was transferred to Camp Crame.
On 2 December 2005, the general court martial convicted General Garcia of undeclared wealth, dishonorably dismissed him from the military and sentenced him to two years of hard labor.
On 25 February 2009 two Garcia sons, Juan Paulo (27) and Ian Karl (30) were also arrested after an indictment (issued in December 2008) in San Francisco. They were detained in the Northern District of California for bulk smuggling charges related to the $100,000 they were caught transporting to the US from the Philippines in 2003. The brothers were charged with one count of conspiracy to commit bulk cash smuggling and one count of bulk cash smuggling. The grand jury also charged Juan Paulo with one count of failing to file a report on the import of monetary instruments, and one count of making a false statement to a government agency. Juan Paulo got arrested in Pontiac, Michigan while Ian Carlg got nabbed in Las Vegas.
On 12 March 2009 Garcia wife Clarita and son Timothy Mark (25) were arrested in the United States based on a provisional arrest warrant that the Philippine authorities requested. Timothy Mark was arrested on March 4 in New York City in an apartment that he and her mother bought for $765,000 (P36.7 million) with him as the "sole resident." Clarita was detained at the Wayne County jail in Detroit, Michigan.
Except for General Garcia, the rest of the members of the family are all US citizens and are subjects to extradition.
On 14 December 2009, the Office of the Ombudsman filed a money laundering case against Garcia and his family with violation of Section 4(a) of RA 9160 (the Anti-Money Laundering Act). The Office found that the Garcias have a total deposit of P303.27 million and withdrawal of P73 million and US$967,215.99 in at least 10 banks, the funds being proceeds of plunder. (More details)
On 30 November 2010, Juan Paolo and Ian Karl were handed down sentence of "time served" by the US District Court Judge of the Northern District of California in San Francisco.
On 14 December 2009, the Office of the Ombudsman filed a money laundering case against Garcia and his family with violation of Section 4(a) of RA 9160 (the Anti-Money Laundering Act). The Office found that the Garcias have a total deposit of P303.27 million and withdrawal of P73 million and US$967,215.99 in at least 10 banks, the funds being proceeds of plunder. (More details)
On 30 November 2010, Juan Paolo and Ian Karl were handed down sentence of "time served" by the US District Court Judge of the Northern District of California in San Francisco.
The Plea Bargain
The Office of the Ombudsman and the Sandiganbayan approved a plea bargain with General Garcia to go scotch-free of the plunder charge if Garcia pleas guilty of lesser crimes--direct bribery and money laundering--and agree to return about P130 million. On 18 December 2010 (Saturday), just barely four years after his arrest, Garcia walked free from a detention facility in Camp Crame after posting a bond of P60,000.
By contrast, former Ombudsman Marcelo said, the Ombudsman continues to hide details of the plea bargain. So there’s no telling if the P135.4 million is complete or also a bargain.
By contrast, former Ombudsman Marcelo said, the Ombudsman continues to hide details of the plea bargain. So there’s no telling if the P135.4 million is complete or also a bargain.
A Convoluted Thinking
Returning about P130 million is in itself an obvious admission of guilt for stealing P302 million from the government. And if our arithmetic is correct, around P172 million still remained in Garcia's possession somewhere. The Ombudsman agreed to drop the plunder case to recover 43 percent of the funneled amount, while the corrupt military officer got to keep the bigger share 57 percent of the loot. No big deal punishment to satisfy the crime. The logic looks very convoluted however you want to look at it.
Add to that the fact that, as what former Ombudsman Marcelo said, the P302 million supposed to have been forfeited already when Garcia defaulted in his defense: "Garcia’s assets already were forfeited by his default in the civil case. The P303.2 million was the assessed value of residences, commercial buildings, farms, resorts, and vehicles in the Philippines, two condos in New York City, and a house in Ohio. Added to these were millions of pesos and dollars in bank deposits." In short, these are identified properties already.
Add to that the fact that, as what former Ombudsman Marcelo said, the P302 million supposed to have been forfeited already when Garcia defaulted in his defense: "Garcia’s assets already were forfeited by his default in the civil case. The P303.2 million was the assessed value of residences, commercial buildings, farms, resorts, and vehicles in the Philippines, two condos in New York City, and a house in Ohio. Added to these were millions of pesos and dollars in bank deposits." In short, these are identified properties already.
Rule 116 Section 2 of the Rules of Court provided that plea bargain deals must only be made before or after the arraignment of the accused, not long after the trial has started. The trial started way back 2006, and the prosecutors have rested their case more than a year back. This also belies the Ombudsman claim under Marcelo that its case against Garcia was strong. This deal then is an affront to the hardwork of the Marcelo Ombudsman.
Former Ombudsman Simeon Marcelo said that the Supreme Court ruling in People of the Philippines v. Mamarion applied the plea bargain only to accessories of the crime, not the principal accused, in this case Garcia. And assuming that plea bargain may be allowed this late, the Ombudsman prosecutors failed to seek approval of the aggrieved parties--the Department of National Defense and the Commander-in-Chief President PNoy. This method of finding excuse to justify an already decided move smells all too familiar these days, particularly in the controversial cases lately decided by the Supreme Court itself that caused uproar among Filipinos. Did the Supreme Court success in deciding cases like this now become a mainstay in the Philippine legal system?
Former senator and currently The Philippine Star columnist, Ernesto Maceda, stated it clear on the very generous deal that the Ombudsman and Sandiganbayan gave to General Garcia: "It is easy to surmise that General Carlos C. Garcia would have been willing to return the entire P302 million in exchange for release from jail if the prosecutors had insisted. In a civil case for forteiture of teh P302 million, Gen. Garcia did not answer and is in default. After all, we believe P302 millin is not even the entire amount amassed by the Garcias. He has much more. How about millions deposited in other relatives and friends' names? How about the millions in jewelry and expensive bags purchased? How about cash in a personal safe somewhere? Yes, General Garcia now gets to enjoy a pabaon of P170 million or more of AFP funds he had amassed."
A Justice that Smells
Jarius Bondoc, in his column Gotcha in The Philippine Star, wrote: "Sources at the Office of the Ombudsman had tipped off this writer in September that a secret deal was filed with the Sandiganbayan late 2009. Both the court and the Ombudsman withheld copies." Why should they?
Extradition for "Another Deal"?
Here's another interesting matter. In March 2009, the Office of the Ombudsman worked on the extradition of Garcia's wife and three sons that the United States law enforces arrested in February 2009 for bringing $100,000 in cash undeclared into the American soil. The status hearing of their extradition case of Juan Paolo and Ian Karl was set on 26 January 2011 before the US Magistrate Judge at the US Northern District Court of California. Timothy Mark's was on 12 January 2011 before US District Court Judge of Southern District of New York.
Now, doubts will arise right away into the minds of the Filipino people. Will this extradition turn into a means to set the Garcia wife and children free through another deal? Maybe another 43 percent of the loot returned?
Sandiganbayan Approved the Deal
On 9 May 2011, the second division of the Sandiganbayan approved the plea bargain on the ground that Garcia complied with all teh requirements in the plea bargain arrangement. It also junked the motion for intervention that the Office of the Solicitor General filed, citing that the deal was "irregular" and "not right."
Now, doubts will arise right away into the minds of the Filipino people. Will this extradition turn into a means to set the Garcia wife and children free through another deal? Maybe another 43 percent of the loot returned?
Sandiganbayan Approved the Deal
On 9 May 2011, the second division of the Sandiganbayan approved the plea bargain on the ground that Garcia complied with all teh requirements in the plea bargain arrangement. It also junked the motion for intervention that the Office of the Solicitor General filed, citing that the deal was "irregular" and "not right."
What Others Say
Laila De Lima, Secretary of Justice: "I don't think that deal can be submitted to the Sandiganbayan without the imprimatur of the Ombudsman herself... I should say it can be a ground (for impeachment). It's a betrayal of public trust when you lackadaisically approve deals like that to the detriment of teh people, the government." (Source)
Ernesto Maceda, former Senator: "This plea bargain strengthens the perception that Ombudsman Merceditas Gutierrez was appointed to her position by GMA to protect GMA and erring officials of her Administration. It gives further assurance to criminals that it is easy to get away from jail time and decisions can be bought from corrupt policemen, prosecutors and judges." (Search for the Truth: "Crime does pay," The Philippine Star 21 December 2010
Simeon Marcelo, former Ombudsman: "It is an affront on the President's declared war against corruption." (Source)
Makati Business Club, Management Association of the Philippines, official statement: "Four days after the Sandiganbayan approved Mr. Garcia's motion to post bail, the full details of the plea bargain agreement are known only to a few. Such critical details as the amount and form of a supposed financial settlement have not yet been disclosed to the public... Beyond the matter of transparency, however, what is truly at issue here is the decision to entertain plea bargain talks in the first place." (Source)
Makati Business Club, Management Association of the Philippines, official statement: "Four days after the Sandiganbayan approved Mr. Garcia's motion to post bail, the full details of the plea bargain agreement are known only to a few. Such critical details as the amount and form of a supposed financial settlement have not yet been disclosed to the public... Beyond the matter of transparency, however, what is truly at issue here is the decision to entertain plea bargain talks in the first place." (Source)
SOURCES
Kathrina Alvarez: "Sandiganbayan okays Garcia plea bargain," Sunstar Network Exchange 9 May 2011
Kathrina Alvarez: "Sandiganbayan okays Garcia plea bargain," Sunstar Network Exchange 9 May 2011
Nikko Dizon, Marlon Ramos & Christine Avendaño: "Garcia deal may peril US aid; Aquino wants it undone," Philippine Daily Inquirer 21 December 2010
Reinir Padua: "Ombudsman working on extradition of Garcia's wife, 3 sons," The Philippine Star 9 March 2009
Joseph Lariosa: "3rd son of Gen. Garcia now also detained in US," GMA News.TV 18 March 2009
Ernesto Maceda: "Search For the Truth: Crime does pay," The Philippine Star 21 December 2010
Jarius Bondoc: "Gotcha: General Garcia plea bargain 'irregular'," The Philippine Star 20 December 2010
GMA News Research: "Maj. Gen. Carlos F. Garcia," GMA News.TV 10 April 2008
___: "Interpol help eyed for Gen. Garcia's missing kin--report," GMA News.TV 6 July 2007
Joseph Lariosa: "Gen. Garcia's sons sentenced to time served in US," GMA News.TV 30 November 2011
___: "Interpol help eyed for Gen. Garcia's missing kin--report," GMA News.TV 6 July 2007
Joseph Lariosa: "Gen. Garcia's sons sentenced to time served in US," GMA News.TV 30 November 2011
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