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Sandiganbayan allows bail for ex-AFP comptroller


(Updated 4:46 p.m.) A day after pleading guilty to a lesser offense, former military comptroller Maj. Gen. Carlos Garcia may be released in time for the holidays. Radio dzBB's Rowena Salvacion reported Friday the Sandiganbayan's Second Division allowed Garcia to post a bail of P60,000, after it accommodated the request filed on Thursday by the defendant's lawyers. Copies of the release order were to be given to Garcia's lawyers and the Philippine National Police Custodial Center in Camp Crame where Garcia is detained, the report said. Garcia pleaded guilty to lesser offenses in the two cases he is facing before the Sandiganbayan. He entered the guilty plea to direct bribery and Section 4-B of the Anti-Money Laundering Act (AMLA) on Thursday. During his arraignment, Garcia pleaded not guilty to the charges of plunder and violation of AMLA's Sec. 4-A. Plunder is a non-bailable capital offense punishable by reclusion perpetua. Direct bribery, on the other hand, is punishable by six years to 12 years imprisonment under the Revised Penal Code of the Philippines. Reached for comment, the military said it was respecting the court's decision. "Whatever the court has decided, that's part of the judicial system. That's our justice system. If it's the law, it's the law. Nandoon na sa korte ang final say eh," said Armed Forces vice chief of staff Lt. Gen. Reynaldo Mapagu. Mapagu added that Garcia's temporary freedom does not mean that the former comptroller's legal battle has ended. "Bail pa lang naman iyon. Hindi pa tapos ang kaso. Nag-plead guilty nga siya pero tuloy pa rin ang litigation." Mapagu said that in the end, the AFP is still hoping that the Sandiganbayan "would make a good judgement on the case. We still want justice to be served." 'Ill-gotten wealth' In 2003, Garcia was accused of amassing P303.27 million in ill-gotten wealth while in active service with the Armed Forces of the Philippines (AFP). His wife Clarita and sons Ian Carl, Timothy Mark and Juan Carlo are co-accused in the two cases. Charges of violations of the AMLA were filed against the Garcias after graft investigators found out that they have a total deposit of P303.27 million and withdrawal of P73 million, and a total of $967, 215.99 in at least 10 banks, which investigators said constituted "unlawful activity" punishable under Republic Act 9160 because the funds involved were proceeds of plunder. Investigators also noted that in 2003, Garcia declared in his statement of assets, liabilities and net worth (SALN) P2.76 million in total asset. In December 2005, Garcia was convicted by a general court martial for having undeclared wealth. The court martial also dismissed him from military service and sentenced him to two years of hard labor. The government is now working to have Garcia's wife and children extradited from the United States. The Garcias are also named defendants in two forfeiture cases still on trial at the anti-graft court’s Fourth Division. — with Mark Merueñas/LBG/RSJ, GMANews.TV