The Sandiganbayan has denied the motion filed by retired Armed Forces of the Philippines (AFP) Maj. Gen. Carlos F. Garcia to recall the arrest orders against his co-accused family members and reduce the fines and penalties imposed with his plea bargaining agreement.
On July 5, 2022, Garcia – then AFP comptroller -- evaded his plunder and anti-money laundering charges as he pleaded guilty to the lesser offenses of direct bribery and facilitating money laundering.
With his pleas to lesser offenses for lighter penalties, Garcia was sentenced to four to eight years imprisonment and ordered to pay a fine P406,300,162 "or three times the total value of the gifts received as per plea bargaining agreement, with subsidiary imprisonment in case of insolvency" for the offense of direct bribery as defined and penalized under Article 210 of the Revised Penal Code.
On the other hand, he was slapped with five to six years imprisonment and directed to pay a fine of P1.5 million for violating Section 4, paragraph B of Republic Act No. 9160 on facilitating money laundering.
"Let these cases be archived with respect to accused Clarita D. Garcia, Ian Carl D. Garcia, Juan Paulo D. Garcia, Timothy Mark D. Garcia, John, James and Jane Does, to be revived upon their arrest or voluntary surrender. Let alias warrants of arrest be issued against them," the dispositive portion of the anti-graft court’s resolution stated.
In his motion for reconsideration, Garcia then pointed out the "error of law or fact" on the order to arrest his family, the imposition of the fines of P406,300,162 and P1.5 million, as well as his subsidiary imprisonment.
But the Sandiganbayan in its Sept. 7, 2022 resolution said that only Garcia himself pleaded guilty to the lesser offenses. His wife Clarita and children Ian Carl, Juan Paulo, and the others remain charged in both criminal cases and remain at large and have not been arraigned.
"They were not parties to the plea bargaining agreement. Nowhere in the plea bargaining agreement, in the court's joint resolution dated May 4, 2010 approving said agreement, and in the Supreme Court Decision dated Sept. 16, 2020 is there any declaration that they are to be dropped as accused in the two criminal cases," the resolution stressed.
As for his penalties, the court said that the amounts mentioned are "appropriate."
The anti-graft court, however, granted motion on one issue -- to remove "subsidiary imprisonment in case of insolvency" with respect to the fine of P406,300,162 imposed in Criminal Case No. 28107.
Second Division Chairperson Oscar C. Herrera Jr. penned the 13-page resolution with the concurrence of Associate Justices Michael Frederick L. Musngi and Arthur O. Malabaguio.
Garcia, who is currently detained at the New Bilibid Prison in Muntinlupa City, was initially charged with a violations of Republic Act No. 7080, otherwise known as Plunder and Section 4(a) of R.A. No. 9160 or the Anti-Money Laundering Act.
The charges arose from acquiring ill-gotten wealth in the form of funds, landholdings, and other real and personal properties as well as receiving "shopping money or gratitude money" from John Does, James Does, and Jane Does amounting to P303,272,005.99 in exchange for government contracts or projects from 1993 until his retirement in November 2004.
From that amount, P73 million and $967,215.99 were withdrawn sometime between July 2002 to 2004, the prosecution said. It also said the money was withdrawn "knowing that the same represent, involve and/or relate to the proceeds of violation of R.A. 7080... which is considered unlawful activity."
On March 16, 2010, a plea bargaining agreement was struck between the Office of the Ombudsman and Garcia. However, issues were raised as to the regularity of the plea bargaining agreement as a petition was filed with the Supreme Court (SC) by the Office of the Solicitor General.
The SC dismissed the petition in a decision promulgated on Sept. 16, 2020, which then lifted the temporary restraining order (TRO) that kept the Sandiganbayan from continuing with the proceedings of the case. With the TRO lifted, the Sandiganbayan then convicted Garcia in a decision dated last July 5.