THE Sandiganbayan has ordered the issuance of writs of execution in the plunder and money laundering charges against retired Maj. Gen. Carlos F. Garcia, former comptroller of the Armed Forces of the Philippines (AFP), for the collection of fines totaling P407.8 million.
The special anti-graft court’s Second Division likewise swept aside Garcia’s plea to be excused from paying the fines, saying he has exhausted all his resources to satisfy the P135.433 million restitution cost imposed as part of his plea bargaining agreement with the prosecution in 2011.
He said the P406.3-million fine in the plunder case was equivalent to three times the value of properties he voluntarily surrendered in return for being allowed to plead guilty to a lesser offense.
He also said the amount was “not based on any finding of fact or evidence presented” during trial nor obtained from any admission he made in the course of the proceedings, making it “impossible, inequitable, and unjust” aside from being “oppressive, baseless, and unconstitutional.”
Garcia lamented that because of the criminal charges, all his pay, allowances and retirement benefits were forfeited and he “lost all means to survive and earn money.”
All that was left untouched were some personal properties which he did not identify and his family’s home which were exempt from court seizure under the Family Code. He added that even his daily needs, clothing, and other provisions are acquired through the help of friends and relatives.
The court was not moved, noting that the P135.433 million surrendered by the defendant to the Republic represented restitution for criminal acts and constitutes an admission of civil liability for having committed a criminal offense.
“As accused pleaded guilty to the crime of direct bribery, the Court is duty-bound to render the requisite penalty as dictated by law, which in this case is imprisonment and a fine that is ‘not less than three times the value of the gift,’” the court said.
It pointed out that legal basis for setting the fine at three times the amount he surrendered is found in Article 210 of the Revised Penal Code.
“Thus, the imposition of a fine of P406,300,162 in Criminal Case No. 28107 (for plunder) was made in accordance with law and cannot be characterized as oppressive or unconstitutional,” the Sandiganbayan said.
However, the Sandiganbayan acknowledged that the accused has served out the entire prison term imposed on him, having been credited a total of 24 years and eight months including both the credit preventive imprisonment (CPI) and the good conduct time allowance (GCTA), against the imprisonment meted out to him totaling 18 years and four months.
Based on a letter dated July 2, from Gregorio Pio Catapang, Director of the Bureau of Corrections (BuCor), the court was informed that Garcia has been released from the New Bilibid Prisons on Aug. 7, 2023.
The Sandiganbayan Second Division has already clarified in a resolution dated Sept. 7, 2022 that the arrest warrants against Garcia’s wife Clarita and children Ian Carl, Juan Paulo, and Timothy Mark remain active as they were not covered by the plea bargaining agreement between the former military general and the prosecution.
