AFP chief: No to Garcia plea bargain agreement

If Armed Forces chief of staff Gen. Ricardo David would have his way, he would prefer it if the Ombudsman did not enter into a plea bargain with former military comptroller Carlos Garcia who has a P300-million plunder case. "As the leader of the Armed Forces, ayaw namin ng plea bargain kasi we should proceed with the court proceedings until such time, to determine whether he is guilty or not," said David. "Ang position ng AFP (Armed Forces of the Philippines) is not to have a plea bargain on the charges or on the compromises of Gen. Garcia. But we also always succumb to the decisions of courts," he said. David said although he does not approve of the plea bargain agreement, he respects Garcia's decision to enter into such a deal. "That is his right... May karapatan din siya. May karapatan ang bawat tao sa atin to defend himself in court [Everyone has the right to defend himself in court]," David said. Case continues The military chief's outright objection to the agreement came barely a week after AFP vice chief of staff Lt. Gen. Reynaldo Mapagu said the AFP was respecting the Sandiganbayan's decision to allow the accused general to post bail last week. "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," Mapagu said. 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." Military court In 2005, a military court found Garcia guilty of violating the Articles of War 96 (undeclared wealth) and 97 (conduct prejudicial to good military order and discipline). The charges stemmed from allegations that he failed to declare his true assets and enjoyed permanent resident status (having a “green card") in the United States. He was stripped of his rank and was dishonorably discharged from the service. His benefits were also forfeited. He was likewise sentenced to two years of hard labor. After the military court concluded its own hearing on the case with a conviction, the ball was tossed to the Sandiganbayan. On Wednesday, the Sandiganbayan postponed the scheduled announcement of its decision on the P300-million plunder case against Garcia. A radio dzBB report said no date has been set yet on when the promulgation would take place. The AFP chief stressed that Garcia's 2005 conviction was proof that the AFP does not tolerate corruption among its ranks in the military. "We are on a process of internal reform. Things like what happened to Gen. Garcia should never happen to the organization. Ang organization galit na galit sa improper use and, improper use of our resources," he said. Aquino consults De Lima On Thursday, Malacañang Palace said President Benigno Simeon Aquino III consulted Justice Secretary Leila de Lima about legal measures to deal with the case of Garcia. In a radio interview on Thursday, Presidential Communications Operations Office head Herminio Coloma Jr. said the plea bargain agreement that allowed Garcia to post bail and leave his detention cell on Saturday had given the government's anti-corruption drive a blow. Aquino was one of the officials who expressed disappointment over the plea bargain agreement that the Ombudsman entered into with Garcia. In an ambush interview on Monday, Aquino said his legal team would study the legal remedies that can stop the plea bargain between the Ombudsman and Garcia. Aquino said he was very "disappointed" with the prosecution's entry into a plea bargain when the evidence against Garcia seemed to be strong. De Lima also criticized Garcia's plea bargain agreement. According to De Lima on Monday, the plea bargain agreement that Garcia entered into with the Office of the Ombudsman was "illegal" because Garcia's plea to a lesser offense was made long after his trial had started. De Lima added that the plea bargain could be grounds for the impeachment of Ombudsman Merceditas Gutierrez. Charged with plunder Garcia, who was in charge of disbursement of military funds when he held the post of AFP comptroller, is by far the highest-ranked military official undergoing trial by the anti-graft court for the crime of plunder, or graft and corruption on a massive scale. A member of the Philippine Military Academy class of 1971, Garcia was charged with plunder, a non-bailable offense, and violation of the Anti-Money Laundering Act (AMLA) Section 4-A for allegedly amassing P300 million in bribe money. However, he entered a "not guilty plea" to these charges. He instead pleaded guilty to charges of the lesser offense of direct bribery, a bailable offense under Section 4-B of the AMLA. Over the weekend, Garcia was released from detention at the Philippine National Police Custodial Center in Quezon City after posting a P60,000 bail on December 17. Aside from him, also charged with plunder are Garcia's wife and three sons, who are alleged to have either brought or spent the questionable wealth. They are all detained at different locations in the United States and are currently the subject of extradition cases. – VVP, GMANews.TV