MANILA, JANUARY 11, 2011 (STAR) By Michael Punongbayan - Contrary to assertions of the Office of the Solicitor General (OSG), the plea bargaining agreement between the government and former military comptroller Carlos Garcia has not yet been approved, the Sandiganbayan said yesterday.
Presiding Justice Edilberto Sandoval, and Associate Justices Samuel Martires and Teresita Diaz-Baldos told Assistant Solicitor General Amparo Caboteje-Tang in open court that the anti-graft court's May 4, 2010 resolution only sets the conditions before the deal can be approved.
However, Tang insisted that the plea bargaining agreement has been "virtually approved" based on the fact that the parties have already complied with conditions of the agreement.
When Baldos asked her who has the right to determine proof beyond reasonable doubt, Tang said it is the Sandiganbayan.
At Malacañang, deputy presidential spokesperson Abigail Valte questioned yesterday the anti-graft court's pronouncement that it has not yet approved the plea bargaining agreement with Garcia.
"If the Sandiganbayan says that it did not approve the plea bargain agreement last May 4, 2010, why was Garcia allowed to post bail?" she asked.
Tang failed to answer the question of the justices why the OSG was intervening in the plea bargaining agreement.
Sandoval, second division chairman, wanted to know why the OSG did not join the prosecution in the last five years when Garcia was facing plunder charges before the anti-graft court.
"Why are you appearing only now?" he asked Tang, who argued for an hour and a half.
Associate Justice Martires asked Tang to read the Sandiganbayan's May 4, 2010 resolution supposedly approving the plea bargaining agreement.
He told Tang to read further until the last part, which states that the conditions set by the plea bargaining agreement should be complied with "before" the agreement can be approved.
Diaz-Baldos also asked Tang what she thinks is the prosecution's evidence that would establish beyond reasonable doubt the crime of plunder.
Tang said the denial of Garcia's petition for bail in January 2010 is proof that the prosecution has strong evidence to convict him.
However, Sandoval said the Sandiganbayan's decision to deny bail was "a divided call." A special division of five had to be formed because there was no unanimity, he added.
Only three justices voted to deny, but two voted to grant, which means that had one more justice decided that Garcia should be given temporary liberty, he would have been released from detention, Sandoval said.
The anti-graft court also dismissed Tang's argument that the Sandiganbayan did not follow the three-day rule in granting bail to Garcia after he pleaded guilty to the lesser offenses of direct bribery and facilitating money laundering on Dec. 16, 2010.
Sandoval said once an accused enters into a plea bargaining agreement and pleads guilty to lesser crimes, the latter "becomes the official and real indictment" which is why it is only logical that bail be granted. "The right of bail is rooted on a constitutional grant," he told Tang.
Baldos asked Tang if she thinks strong evidence is tantamount to proof beyond reasonable doubt.
"A denial of a petition for bail does not mean that an accused will be convicted," she said.
"How did you know that we did not make an assessment?"
The Sandiganbayan justices then asked the prosecution if all of Garcia's assets identified in the plea bargaining agreement have already been transferred to the name of the Republic of the Philippines.
Assistant Special Prosecutor Jose Balmeo Jr. said the Office of the Ombudsman and the Office of the Special Prosecutor already have the P52 million, a number of vehicles from the Land Transportation Office (LTO) in Iloilo, and 11 land titles.
As to the property located in New York, the government's "rightful share" can only be claimed as soon as the plea bargaining agreement is finalized through the Mutual Legal Assistance Treaty, he added.
Baldos asked Tang if she is amenable to transfer all these to the name of Garcia.
Tang did not give a direct response.
Baldos then asked the prosecution what elements of the crime of plunder can't be proven.
Assistant Special Prosecutor Joseph Capistrano said the information approved by former ombudsman Simeon Marcelo accused Garcia of receiving commissions from AFP contractors and suppliers.
However, they failed to find any contractors who can prove the allegations, he added.
Baldos asked the prosecution if it is admitting that the phrasing of the information is defective or insufficient.
Capistrano refused to answer directly.
Sandoval told Capistrano: "The accused has so much money but your evidence will not stand in court."
Capistrano said the Office of the Special Prosecutor also suffered a setback in November 2007 when its own witnesses, on cross-examination, testified that there are no missing military funds.
Records of the case show that Heidi Mendoza of the Commission on Audit (COA) testified that there are unaccounted funds worth P50 million at the United Coconut Planters Bank (UCPB).
However, at least four other witnesses led by Nenita Cedre of the AFP's accounting section later told the court that all funds are accounted for and the discrepancy was apparently due to late recording of accounts.
Martires advised Tang to read the transcript of stenographic notes of the case and go over the testimonies of the witnesses.
He said the Sandiganbayan is protecting the right of every person including the accused. "Let us be fair where fair is due," he said.
"Let us give justice where justice is due. Let us not distort the facts."
The justices also made it clear that Garcia's lawyer Constantino de Jesus did not file a demurrer to evidence as stated in Marcelo's and former special prosecutor Dennis Villa-Ignacio's letter to President Aquino on Dec. 20, 2010.
In a demurrer to evidence, the accused will ask the court to rule on the case based on the prosecution's evidence on the belief they are not enough to convict him or her. --With Aurea Calica
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