THE Sandiganbayan has denied the appeal of former Armed Forces of the Philippines (AFP) comptroller Carlos F. Garcia to drop his wife and three children from plunder and money laundering charges and to recall warrants for their arrest.
In a 13-page motion issued September 7, 2022, the anti-graft court’s Second Division said its directive for the arrest of defendant’s wife Clarita and children Ian Carl, Juan Paulo, and Timothy Mark stands as they were not covered by the plea bargain agreement between the former military general and the prosecution.
Under the agreement, Garcia pleaded guilty to the lesser offenses of direct bribery in lieu of defending against a plunder charge, and facilitating money laundering rather than money laundering.
He was sentenced to eight to 14 years imprisonment and fined P407.8 million even after surrendering P135.433 million which he offered to return to the government as part of his plea deal.
However, the court said his family were not parties to the same deal hence they remain charged under the original offenses.
“Movant’s wife and children… who are his co-accused, remain charged in both criminal cases. They are at-large and have not even been arraigned. Nowhere in the plea bargaining agreement… is there any declaration that they be dropped as accused in the two criminal cases,” the Sandiganbayan pointed out.
Also denied were Garcia’s prayer to reduce or remove the prison sentence imposed against him and to cancel the P407.8 million fines.
However, the court granted his request for the removal of subsidiary imprisonment in case of insolvency citing Article 39 of the Revised Penal Code which bars imposition of subsidiary imprisonment when the principal penalty imposed is higher than prison correccional.
The ruling was penned by Associate Justice Oscar C. Herrera Jr. with Associate Justices Michael Frederick L. Musngi and Arthur C. Malabaguio concurring.
In the original plunder case filed in 2009, Garcia was accused of amassing P303.27 million ill-gotten wealth while he was in active military service.
While the Ombudsman later tried to have the plea bargain agreement struck down, the Supreme Court affirmed its validity. The SC ruling became final and executory on July 15, 2021 and the Sandiganbayan was notified of the Entry of Judgment on May 13, 2022.
