DND, AFP may block Garcia deal

MANILA, Philippines - There is a possibility that the Department of National Defense (DND) and the Armed Forces of the Philippines (AFP) might be able to stop the plea bargaining agreement that allowed retired military comptroller Carlos Garcia to post bail after pleading guilty to lesser offenses, President Aquino said.

He said the move was among the angles being pursued by his legal team. He explained that the DND and the AFP could be considered the offended party in the case.

The President said the plea bargain required the consent of the offended party, so he tasked Defense Secretary Voltaire Gazmin and AFP chief Gen. Ricardo David to review the case in an effort to stop the agreement.

Solicitor General Jose Anselmo Cadiz told The STAR that the AFP had “written us about it.”

Cadiz said they were studying how his office could intervene because they had no involvement in the case, as it was something between the special prosecutors of the Office of the Ombudsman and the Sandiganbayan.

Aquino stressed that his      administration is bent on pursuing charges against the former general.

Aquino, who met with his legal team late Wednesday, said his overriding concern was the statement from Garcia’s wife, Clarita who “practically admitted everything” that was imputed to them.

The President said the government lawyers would study the technicalities as Garcia was bound by what Clarita had stated.

He noted that the only issue would be if her statements were properly authenticated.

“Morally, they have admitted. There is question on the amount (that was stolen). The allegation is P300 million plus and (Garcia is) returning P135 million, not even half. And to me, I don’t even care about the money as much as making sure that he gets the due he deserves,” Aquino said.

The President stressed there should not be an impression that if one would steal big enough, he or she would be forgiven in this country.

“(If) you steal, you will be caught,” Aquino said.

The President said his legal team was studying all the options as regards the Garcia case because there were those who expressed belief that the charges had been ill prepared.

“So that is being resolved. We have time because there is no promulgation yet. I (stressed) if this is not the route, if plunder has already been closed, he has amassed that much money, there are other cases that can be developed, develop it and prioritize it,” he said.

Aquino revealed they were considering the opinions of former Ombudsman Simeon Marcelo in pointing out the plea bargaining agreement was illegal and anomalous since it was against the interests of the Philippine government.

Marcelo said the government was about to win back Garcia’s alleged P303-million worth of illegally acquired assets.

The agreement had allowed Garcia to enter guilty pleas for the lesser and bailable offenses of direct bribery and violation of the Anti-Money Laundering Act.

Marcelo said under the rules of court, a plea bargaining agreement could only be entered if the prosecution had not yet started the presentation of evidence.

But in this case, the prosecution had already completed the presentation of evidence and the court had already ruled that the prosecution already presented sufficient evidence to convict Garcia, Marcelo pointed out.

Aquino added he would leave it up to the legal team to decide whether to accept the offer of Marcelo to help reverse the plea bargaining agreement and sustain the prosecution of Garcia.