Garcia pleads guilty
MANILA, Philippines – Embattled former Maj.Gen. Carlos F. Garcia applied Thursday for a “plea bargaining” on charges of plunder and violation of the Anti-Money Laundering Law by entering a guilty plea for lesser offenses.
Garcia, who had been under detention for five years now, changed his previous plea of not guilty to the two offenses and admitted guilt to charges of direct bribery and violation of Section 4B of the Anti-Money Laundering Law.
Government prosecutors did not enter opposition to the plea and agreed to submit the case for resolution by the Second Division of the Sandiganbayan chaired by Presiding Justice Edilberto Sandoval.
The anti-graft court was supposed to promulgate a decision on the two P302.27- million plunder case against Garcia until the accused decided to change the plea he had entered during arraignment.
If found guilty of plunder, Garcia could face life imprisonment. The violation of Section 4A charge carries a heavier penalty than Section 4b, it was learned.
Direct bribery, on the other hand, carries a prison term of six to 12 years.
Garcia, former comptroller of the AFP, appeared before the Sandiganbayan after the court granted his motion to change his plea. He responded “yes” when asked to respond to charges of direct bribery and violation of Section 4B of money laundering.
Denied bail for the plunder case, Garcia is expected to serve out the remaining prison terms for the lighter charges to which he admitted guilt.
He a was accused of amassing ill-gotten wealth in the form of funds, landholdings, and other real and personal properties in the amount of over P303 million deemed to be “disproportionate"to his legitimate income.
Members of his family, including his wife, Clarita and sons, Ian Carl and Juan Paulo, have likewise been charged for various offenses in the United States.
All American citizens, Clarita, Ian Carl, and Juan Paulo were charged for conspiring to bring into the US a total $100,000 which is a federal offense. The “plea bargaining” agreement (PBA) was entered into between government prosecutors and Garcia.
In exchange for the reduced prison term, Garcia agreed to return R135.4 million of his alleged ill-gotten wealth.
The anti-graft court had him re-arraigned and announced that the PBA and now deemed submitted for Resolution since other issues including claims by the defense of mitigating circumstances that will further reduce any sentence.
Garcia’s lawyer Constantino B. De Jesus said his client’s voluntary surrender and act of voluntarily entering guilty pleas should be considered in favor of the accused.
The prosecution, composed of Assistant Special Prosecutors Jose M. Balmeo Jr. and Joseph F. Capistrano, however objected, believing that they may no longer avail themselves of mitigating circumstances because they have already availed themselves of pleading to a lesser offense.
Government lawyers and Garcia’s camp momentarily had a heated argument about the issue,prompting the Justices to have a closed-door meeting with both parties.
After the recess, the accused stood before the magistrates and was allowed to plea guilty to direct bribery and facilitating money laundering under Section 4(B) of Republic Act 9160.





Comments
This plea bargain should not have even been considered much less accepted. Garcia should just be grateful the death penalty has been abolished. This is the sort of corruption that cuts to the bone. While AFP soldiers fight with what ever little they have, he enriches himself with such huge sums that defy the imagination. This is one general, does his plead include identifying others in the AFP officer corps before him who engaged in the same nefarious and unforgivable deeds?
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