Garcia moves for reversal of perjury conviction

MANILA, Philippines - Following his third perjury acquittal last week, former Armed Forces of the Philippines (AFP) comptroller Carlos Garcia is now moving for the reversal of a Sandiganbayan decision which convicted him of the same crime last February.

In a motion for reconsideration filed before the anti-graft court’s Fourth Division, his lawyers headed by Constantino de Jesus argued that their client should have been cleared on grounds of reasonable doubt considering how all four perjury complaints lodged against him involved his Statements of Assets and Liabilities and Net Worth (SALN) for different years.

The defense is now banking on convincing the court that though Sandiganbayan Divisions act independently, one should still consider the rulings of the other in order to avoid conflicting decisions.

Last week, the anti-graft court’s First Division acquitted Garcia of his fourth perjury case involving his 1997 SALN for failure of the prosecution to prove that he willfully and deliberately lied about the number and value of vehicles he owns.

“If there exists even one iota of doubt, this court is under a long-standing injunction to resolve the doubt in favor of the accused,” the petition stated, noting that the former military general basically pleaded “good faith” because he did not know that he was supposed to list down vehicles owned by his wife since the form he filled up did not so specify.

Earlier, the Second and Third Divisions acquitted him of perjury charges also for failure of the prosecution to prove guilt beyond reasonable doubt.

But last February, the Fourth Division convicted him for lying in his 2000 SALN wherein he was accused of likewise falsely declaring the value of three vehicles and an Armed Forces and Police Savings and Loan Association Inc. (AFPSLAI) investment account.

Garcia, in asking the court to reverse the same, said there is reasonable doubt on the “willful and deliberate assertion of a falsehood” and reasonable doubt if the SALN was made under oath at all because it was notarized by someone who was not authorized to do so on the date it was subscribed and sworn to.

His lawyers said the copy of the former military general’s 2000 SALN was dated April 16, 2001 yet Maj. Gavin Edjawan, the administering officer, became chief of the Administrative Division only on Sept. 16, 2001.

Therefore, the defense argues that the SALN was not subscribed and sworn to before a competent person authorized to administer an oath, which means that “the 2000 SALN was not sworn to at all, and therefore, could not be the basis of a conviction for perjury.”

Garcia’s lawyers claim the prosecution also failed to prove guilt beyond reasonable doubt in relation to willful and deliberate assertion of a falsehood.

“In finding willful and deliberate assertion of a falsehood, the Honorable Court reasoned that the vehicles allegedly registered in name of accused’s alleged wife do not lose their conjugal nature by such registration, for which reason accused should have declared them in the SALN,” the defense explained.

“However, while the presumption of conjugal nature exists as a matter of law, knowledge of such legal presumption cannot be attributed to laymen, particularly where the SALN did not specify that the information sought included the share of the declarant and the share of his spouse in the conjugal property,” the defense stressed.