Manila (Philippine Daily Inquirer/ANN) - Philippine President Benigno Aquino III has ordered a review of the plea bargain agreement that resulted in a former military comptroller accused of amassing more than P300 million (US$6.7 million) in ill-gotten assets walking out of jail on Saturday.
Mr. Aquino said he was disappointed that retired Maj. Gen. Carlos Garcia managed to get himself temporarily released from prison and has directed Executive Secretary Paquito Ochoa to review the deal that was struck between state prosecutors and Garcia's lawyers.
The Sandiganbayan antigraft court that was trying Garcia for the nonbailable offense of plunder reportedly approved a plea bargain agreement under which Garcia pleaded guilty to the lesser charges of direct bribery and money laundering.
Though the court has yet to issue a resolution approving the deal, Garcia was allowed to post bail of P60,000 for the lesser charges last Thursday and was ordered released, indicating that the court had accepted the plea bargain.
Under the terms of the deal, Garcia has reportedly agreed to return a still unspecified amount that is part of the P303.27 million he allegedly stole.
In return, Garcia will no longer face plunder charges for which there is no bail and carries the penalty of life imprisonment.
Mr. Aquino indicated that he was acting on the suggestion of former Ombudsman Simeon Marcelo for him to intervene and seek the nullification of the plea bargain agreement.
Asked what he thought of Marcelo's suggestion, Mr. Aquino said he had ordered the review and was waiting for Ochoa's recommendation.
He said Malaca�ang was "studying all the options."
"I want to be apprised of everything that transpired," the President said.
Marcelo--who earlier said the prosecutors erred in entering into the plea bargain saying it violated court procedures and that the government was sure to have gotten a conviction--said that Mr. Aquino, as commander-in-chief, should intervene since it was the military that had been aggrieved by Garcia's alleged pilfering of funds and because the deal was a blow to the President's anticorruption campaign.
He said Mr. Aquino should direct the solicitor general to file a motion to intervene in the case to declare the nullity of the plea bargain.
Deputy Special Prosecutor Jesus Micael on Saturday said the agreement was subjected to the scrutiny of the court and would not be approved if something in it was amiss.
He said that those speaking out against the plea bargain have not even read the agreement in full.
"It depends on the court. If the agreement is in order, it will approve it. If it's not in order, the court will not approve it," Micael said.
The Sandiganbayan 2nd Division has yet to issue a resolution explicitly saying that it had approved the deal.
Free again
After six years in detention, Garcia walked out of his Camp Crame detention cell at a little past 11 a.m. Saturday. His lawyer, Constantino de Jesus, picked him up and took him to the lawyer's La Vista subdivision home.
A visibly happy and relaxed Garcia, wearing a black shirt and black pants, emerged from the detention center with De Jesus.
He shook hands with Chief Supt. James Melad, Camp Crame commander and chief of the Headquarters Support Services (HSS), and Supt. Cesar Magsino, chief of the detention center, before getting into the lawyer's car.
At the gate, Garcia rolled down his window to wave at reporters but refused to answer questions. He just said, "Thank you."
"He (Garcia) is happy. He couldn't sleep from the anticipation," De Jesus told reporters when he arrived earlier that morning.
The lawyer said he did not know what his client's plans are now that he is free.
"He has a lot of things to take care of. He will try to adjust because he has been in there a long time. He has to take care of the cases of his wife and children," said De Jesus.
Sub judice
The lawyer refused to comment on the case, particularly about how much of the P303 million would be returned to the government.
"We might be in sub judice," he said.
Garcia would have been released last Thursday after De Jesus posted his P60,000 bail but the release was delayed by paper work. Melad said the delay was because of the time required to get clearances from various units and agencies. Garcia also had to undergo a medical examination.
Other recourses
Special Prosecutor Wendell Sulit earlier said the government decided to enter into a plea bargain in order to protect the interest of the state. Sulit said the deal would allow the government to take control of Garcia's assets immediately, and would save the state from a long legal process.
But Marcelo, who was ombudsman when the case against Garcia was first filed, said there were other recourses other than a plea bargain that the prosecutors could have taken if they had such concerns.
If prosecutors were worried that the case would drag on too long, they could have asked the courts to speed up the trial, he said.
As for concerns about the deterioration of the assets, he said most of these were real properties. He also said the assets could be sold to preserve their value.
Jailed in 2004
Garcia, a member of the Philippine Military Academy class of 1971, was first placed under restrictive custody by the military in 2004 after he was charged with perjury and plunder.
His wife and three sons who are his co-accused in the plunder case are all in the US, and are US citizens.
On Dec. 19, 2003, two of Garcia's sons were arrested in the San Francisco airport for failing to declare $100,000. They are under electronic monitoring and are awaiting sentencing.
His wife, Clarita, and a third son were arrested in the US in 2009 based on an extradition request from the Philippine government.
In 2005, Garcia was found guilty by a military court of violating Articles of War 95 (fraud against the government) 96 (conduct unbecoming and officer and a gentleman) and 97 (conduct prejudicial to good military order and discipline). He was sentenced to two years of hard labor and separation from the service. But the general had already retired by then
