GUTIERREZ'S PREDECESSOR MARCELO TO BLAME FOR WEAK PLUNDER CASE VS GARCIA
MANILA, JANUARY 25, 2011 (STAR) By Michael Punongbayan - Retired Sandiganbayan presiding justice Manuel Pamaran believes former ombudsman Simeon Marcelo, not Ombudsman Merceditas Gutierrez, is to blame for the weak plunder case against former military comptroller Carlos Garcia.
"It was the team of Ombudsman Gutierrez's predecessor who spearheaded the filing of the incomplete and deficient information against Garcia without the allegation stated therein validated," he said.
"The Information filed was so worded in generalities. Even the resolutions, which paved the way for the filing of the plunder charge, did not provide any discussion on the specific acts of the accused that would qualify as unjustly enriching himself at the expense and to the damage of the Filipino people."
Pamaran said the prosecution team formed in 2004 failed to gather the needed documentary and testimonial evidence to sustain the plunder charge against Garcia.
"Much as the present Ombudsman would want to gather as much evidence it can, in order to prove other overt or criminal acts committed by Maj. Gen. Garcia, it cannot do so since it is bound to prove only the two overt acts stated in the Information," he said.
"Not only were the evidence that would lead the prosecution to pinpoint the identity of the John Does and Jane Does wanting, but more importantly, the testimonial evidence available failed to prove how these unknown persons could have conspired with Garcia and the members of his family in amassing, accumulating and acquiring ill-gotten wealth as alleged in the Information filed. And by this time these unknown persons during that time cannot be made available."
Pamaran said Garcia would have been acquitted of plunder, and not a single centavo of his alleged ill-gotten wealth would revert to the government, had the Office of the Special Prosecutor allowed the case to be prosecuted in court.
"Evidence was sorely missing on how Maj. Gen. Garcia could have taken advantage of his official position, authority, relationship, connection or influence to be able to amass, accumulate and acquire such ill-gotten wealth," he said.
Pamaran said Gutierrez took the best initiative under the circumstances, as any diligent prosecutor would to get Garcia by convicting him of two lesser crimes and recovering his alleged ill-gotten wealth.
The Office of the Solicitor General cannot intervene at this stage of the proceedings, because it is not on appeal but a case being prosecuted by the Office of the Special Prosecutor, he added.
However, Chairman Andy Bautista of the Presidential Commission on Good Government doubts whether the legal requirements of a plea bargain were met in Garcia's case.
In his column "My Four Centavos" in The STAR last Saturday, the Far Eastern University law dean said prosecutors in criminal cases ordinarily agree to a plea bargain deal with the accused for "reduced costs and the ability to focus more on other cases."
Bautista said under the Rules of Court, the accused "may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged."
"In the Garcia case, the original charge was that of plunder which is a capital crime punished under Republic Act 7080," he said.
"The lesser offense that he subsequently pleaded guilty to was direct bribery which is punished under Article 210 of the Revised Penal Code and facilitating money laundering covered under Republic Act 9160. Query as to whether the crime of direct bribery and money laundering are 'necessarily included' in the offense of plunder?" he said.
"Note that both crimes are punished by different laws."
Bautista said the same provision also requires consent of offended party before plea bargain could be approved.
"In this instance, who is the offended party?" he asked.
"Is it the Armed Forces of the Philippines since the money seems to have been taken from its coffers or the Republic since public money is involved? In any event, if we follow the news reports, it would seem that neither of their consents was secured."
The agreement should have also been forged "after arraignment but before trial," Bautista said. – With Edu Punay
Prosecutor: US happy with Ombudsman's handling of Garcia case By Michael Punongbayan (The Philippine Star) Updated January 15, 2011 12:00 AM Comments (35) View comments
MANILA, Philippines - The United States is happy with the way the Office of the Ombudsman is running after former military comptroller Carlos Garcia's alleged ill-gotten wealth, according to the Office of the Special Prosecutor (OSP).
Special Prosecutor Wendell Barreras-Sulit said the US Department of Justice had congratulated her prosecutors for a job well done.
Barreras-Sulit said the actual value of the real properties seized from Garcia may be more than P303 million.
The amount is a modest valuation based on current market value, she added.
Assistant Special Prosecutors Jose Balmeo Jr. and Joseph Capistrano said they inherited a "deficient" information filed by former ombudsman Simeon Marcelo and former special prosecutor Dennis Villa-Ignacio.
They also had "no other evidence" except the complaint affidavit, land titles, vehicle registrations, statements of assets and liabilities, and photocopies of Clarita Garcia's supposed admission to US immigration officials that her husband received millions of pesos in commissions from suppliers and contractors of the Armed Forces, they added.
Capistrano said their "hands were tied" as they had insufficient evidence to prove the allegations in the information.
"Despite the inherent deficiencies, inilaban namin ang kaso (we still proceeded with the case)," he said.
Capistrano said when Garcia's lawyer saw the loopholes, he filed a petition for bail which was denied.
He and Balmeo tried to find the suppliers and contractors who allegedly bribed Garcia, he added.
Balmeo said things got worse when the prosecution's witnesses, on cross-examination, told the Sandiganbayan no AFP funds are missing.
"Nagkaroon po ng malaking (There arose a huge) doubt," he said.
Balmeo said plunder requires a series of overt acts or crimes like malversation and bribery, he added
The plea bargaining agreement was an offshoot of Ombudsman Merceditas Gutierrez's effort to extradite Garcia's wife and children to give the OSP some leverage, he added.
Deputy Special Prosecutor Jesus Micael said mere possession of a lot of money is not plunder.
"We were left with no option, no sufficient evidence to convict Garcia beyond reasonable doubt," he said.
Barreras-Sulit said the US DOJ is offering to train OSP prosecutors on how to manage recovered ill-gotten wealth.
She said they saw efforts to prosecute even if some of the stolen wealth were in America.
The US has been watching the case since part of Garcia's alleged ill-gotten assets are money stashed in two US banks and a $765,000 condominium unit in Trump Park Avenue, New York, Barreras-Sulit said.
SC: Wait for Sandigan decision
Critics were advised yesterday to await the Sandiganbayan's approval of the plea bargaining agreement between the government and Garcia before making any comment.
Supreme Court spokesman Jose Midas Marquez said the anti-graft court will speak through its decision.
"Let's wait for the decision and let's go through the decision, read it carefully and after which we can make our own respective comments and issue our views," he said.
Speaking to reporters, Marquez said comments from Malacañang and various other sectors only preempt the decision of the Sandiganbayan.
"I think the justices of the Sandiganbayan may include that (explanation) in their decision," he said.
"The Supreme Court has full faith in our Sandiganbayan. Let's give the Sandiganbayan a chance to promulgate its decision based on the merits."
Marquez said Justice Secretary Leila de Lima has no right to demand that the Sandiganbayan explain the plea bargaining agreement.
"I would like to think it's only the Supreme Court that has the authority to ask the Sandiganbayan justices to explain their decisions," he said.
Marquez said De Lima was just too eager to read the anti-graft court's decision to find answers to her questions.
"We don't expect the DOJ secretary to always agree with decisions of the court," he said.
"But then again let's wait for the decision of the court."
Meantime, Parañaque Rep. Roilo Golez wants former defense secretary Angelo Reyes investigated as part of the plunder case against Garcia.
Golez, a former Navy officer, said Reyes cannot escape responsibility as the superior of Garcia and another former military comptroller, retired Maj. Gen. Jacinto Ligot.
"Both AFP comptrollers during his watch as chief of staff and as secretary of the Department of National Defense are facing hundreds of millions of pesos worth of unexplained wealth and corruption charges," he said.
"Only a stupid superior can claim that he did not know the shenanigans and conversions that were obviously going on during his watch, and Angie Reyes cannot claim stupidity, being one of the smartest to hold said AFP and DND positions, smarter than others obviously." – With Edu Punay, Jess Diaz
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