The Sandiganbayan did not allow former Armed Forces of the Philippines (AFP) comptroller and retired Maj. Gen. Carlos F. Garcia to evade the payment of  P407.8 million penalty after he pleaded guilty and convicted of lesser offenses instead of plunder and violation of the Money Laundering Act.

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.

He then pleaded guilty to the lesser offenses of direct bribery and facilitating money laundering which was allowed by the anti-graft court on the condition that he pay a fine of P406,300,162 for the crime of direct bribery and P1.5 million for facilitating money laundering.

Garcia was also sentenced to prison terms ranging from four to eights years for direct bribery, and five to six years for facilitating money laundering.

The court had waived the prison terms since Garcia "has indubitably served the principal penalty of imprisonment imposed upon him in these cases."

But, the court stressed, the penalty of fines has not bee settled.

Garcia filed a motion for reconsideration on the payment of fines as he pointed out that the court allegedly overlooked the wording of the plea bargaining agreement that "accused by way of restitution/penalty, hereby transfers, conveys, cedes, surrenders, and reliquish in favor of Republic of the Philippines his ownership, and whatever rights or interests, over the following real and personal properties."

He said the amount of P135,433,387.84 was surrendered by way of restitution or penalty, and not restitution alone. He added that it was an "error" for the court not to consider this amount as a penalty, and it should have covered the P407.8-million now being demanded by the court.

However, the anti-graft court found his argument devoid of merit and said that Garcia gave so much "ado" to the phrase "by way of restitution/penalty."

Since the plea bargaining agreement contained an admission that the properties were alleged to be proceeds of crimes, Garcia's claim that these were surrendered by way of penalty trumps his claim.

"The inescapable conclusion is that the listed properties are the proper subject of restitution and civil liability arising from crime. These properties may not be considered payment for the fine imposed under the law," the court said.

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

Garcia was convicted for 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, 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."