Garcia may serve perjury sentence without jail time

MANILA, Philippines - A Marcos-era decree may spare retired Maj. Gen. Carlos Garcia from serving his two-year sentence for perjury.

Under Presidential Decree No. 968 or the Probation Law, the former Armed Forces comptroller can qualify for probation if he is acquitted in two forfeiture cases and a plunder charge before the Sandiganbayan.

The Probation Law applies only to persons sentenced to imprisonment not exceeding six years.

The anti-graft court sentenced Garcia to a maximum of two years in prison for lying in his Statement of Assets and Liabilities and Net Worth (SALN) for the year 2000.

PD 968 defines probation as “a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.”

However, Deputy Special Prosecutor Jesus Micael said Garcia must apply for probationary release and should have not been convicted of any other crime.

On the other hand, Garcia must not appeal his sentence to qualify for probation, according to Deputy Special Prosecutor Cornelio Somido, one of those who handled the perjury case against the retired military general.

In granting probation, the law said: “The court shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources.”

Probation shall be denied under the following circumstances:

• If the court finds that the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution;

• That there is undue risk that during the period of probation the offender will commit another crime; and

• That probation will depreciate the seriousness of the offense committed.

 A convict on probation must follow these rules:

•Report to his probation officer at least once a month:

• Follow other court orders that may require the person to meet his family responsibilities:

• Undergo medical, psychological or psychiatric examination and treatment: and

• Enter and remain in a specified institution, if necessary.

The court may also bar the convict from girly bars and nightclubs, as well as “abstain from drinking intoxicating beverages in excess.”

Last Wednesday, the Sandiganbayan convicted Garcia of perjury for failing to declare a P7-million bank account and the true value of his vehicles in his 2000 SALN.