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P53.6 million seized Garcia assets a ‘vindication’ for Martires, Sandoval

The Philippine Star
P53.6 million seized Garcia assets a �vindication� for Martires, Sandoval
Photo taken on Jan. 15, 2018 shows Supreme Court Associate Justice Samuel Martires taking his oath at the House of Representatives during a hearing to determine whether there was probable cause to impeach then chief justice Maria Lourdes Sereno.
Michael Varcas

MANILA, Philippines — Eleven years after approving the plea bargaining agreement, Ombudsman Samuel Martires and Special Prosecutor Edilberto Sandoval former Sandiganbayan justices say they have been vindicated after the turnover of former Maj. Gen. Carlos Garcia’s ill-gotten wealth.

“As what I have always told my fellow justices then, the time will surely come when the Holy Spirit will unfold the truth in this case,” said Martires, who was charged with Sandoval and fellow Justice Teresita Baldos for their alleged “unjust interlocutory order.”

“To my mind, the Supreme Court ruling was a vindication of our decision as it was penned by no less than the justice who previously said that the plea bargaining agreement was erroneous,” Martires, a retired SC justice, said.

The ombudsman was referring to incumbent SC Justice Marvic Leonen who, in 2011, told a Senate inquiry that the plea deal – sanctioned by then presiding Justice Sandoval, Martires, Baldos and former Ombudsman Merceditas Gutierrez – was “void.”

Leonen was invited as a resource person then, as dean of the University of the Philippines’ College of Law. He was appointed by the late president Benigno Aquino III to the SC a few years later.

But as it turned out, Leonen reversed himself and even penned the tribunal’s September 2020 decision upholding the anti-graft court’s position that government prosecutors failed to present sufficient evidence that would warrant Garcia’s conviction for plunder.

“Considering the prosecution’s failure to prove Garcia’s guilt for plunder and money laundering beyond reasonable doubt, Sandiganbayan cannot be said to have gravely abused its discretion in approving the assailed plea bargaining agreement,” Leonen wrote.

In a 40-page unanimous ruling, the former UP law professor also concluded that the compromise deal “appears to be procedurally sound” and was consistent with the Rules of Court.

Not just for Martires and Sandoval, it was also a vindication of sorts for Baldos and Gutierrez, whom the Aquino administration ridiculed, the latter even being forced to resign in 2011 as the Senate impeachment court was about to try her for alleged betrayal of public trust.

For his part, Sandoval is elated that their much-maligned decision has now borne fruit and brought additional revenues to the state coffers.

He also recalled that the administrative and criminal complaints filed against them in connection with the plea deal had been dismissed without them being required to submit a comment.

“The SC unanimously ruled that our decision allowing the plea bargaining agreement was legal, proper and valid,” Sandoval said.

The efforts of the Office of the Ombudsman to seize the ill-gotten wealth of Garcia has come full circle, especially after a total of P53.6 million in Garcia’s forfeited assets has been turned over to the Bureau of Treasury recently.

Under the plea bargain agreement, Garcia would plead guilty to committing a lesser offense of direct bribery and facilitating money laundering instead of standing trial for plunder. He also agreed to hand over P135.4 million of his assets to the government.

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EDILBERTO SANDOVAL

SAMUEL MARTIRES

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