Sandigan orders execution of P407-M fines imposed on ex-AFP comptroller Garcia

The Sandiganbayan has issued a writ of execution against former Armed Forces of the Philippines (AFP) comptroller and retired Maj. Gen. Carlos F. Garcia to collect the P406.3 million and P1.5 million fines adjudged against him for his convictions in direct bribery and facilitating money laundering cases.

On July 5, 2022, the anti-graft court convicted Garcia of direct bribery and facilitating money laudering and was sentenced to four to eight years imprisonment and ordered to pay a fine of P406,300,162 and P1.5 million.

Later, the court deleted the imposition of subsidiary imprisonment in case of insolvency in his direct bribery conviction in a resolution dated Sept. 7, 2022.

The prosecution then filed a motion for execution dated February for "the execution of the Resolution dated Sept. 7, 2022 so that the adjudged amount of civil liability and fines may now be satisfied."

Garcia opposed the prosecution's motion. He argued that the facts and circumstances in the case that transpired after the July 5, 2022 decision and Sept. 7, 2022 resolution rendered the execution of judgment "impossible, inequitable, and unjust." 

As for the period of imprisonment, he said that he has already fully served the maximum prison sentence of his definite prison term of 18 years and four months for four offenses, including the sentence on direct bribery and facilitating money laundering.

In a resolution issued last July 30, the anti-graft court found the prosecution's motion only "partly meritorious."

The court noted that Garcia has fully served his term of imprisonment, as evidenced by a letter dated July 2, 2024 signed by Bureau of Corrections Director General Gregorio P. Catapang, Jr. and further bolstered by the April 29, 2024 letter of C/CInsp. Roger O. Boncales, the acting superintendent of the New Bilibid Prison.

However, the court also noted that Garcia did not settle the fines in his convictions during the entire time of his incarceration. 

"Accused Garcia has indubitably served the principal penalty of imprisonment imposed upon him in these cases. However, the penalty of fine... has not yet been settled, and as such, the motion for execution by the prosecution must be granted in this regard," the court's resolution stated.

Second Division Chairperson Associate Justice Geraldine Faith A. Econg penned the 15-page resolution with the concurrence of Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio.

Garcia was initially charged with plunder in violation of Republic Act No. 7080, and another case for violation of Section 4(a) of R.A. No. 9160, the Anti-Money Laundering Act.

The charges stated that Garcia acquired 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, the prosecution said that P73 million and $967,215.99 were withdrawn sometime between July 2002 to 2004. The prosecution also said the money was withdrawn "knowing that the same represent, involve and/or relate to the proceeds of violation of Republic Act No. 7080... which is considered unlawful activity."