De Lima: Office of the President can investigate prosecutors in Garcia case

The Office of the President can initiate investigation on Ombudsman prosecutors handling the plunder case against former military comptroller Maj. Gen. Carlos F. Garcia, Justice Secretary Leila de Lima said Thursday. “The Office of the President has jurisdiction over the Ombudsman deputies and the lower officers. So they can be investigated because I have not heard a cogent explanation from them on the points I raised," De Lima said. She was referring to the issue on why the special prosecutors struck a plea bargain deal with Garcia even if there is strong evidence to support the former military general’s plunder case. Asked whether a lifestyle check is necessary on the prosecutors who entered into a plea bargain agreement with Garcia, the Justice chief said: “Whatever it takes to put them to task." Garcia and members of his family are accused of amassing P303 million in ill-gotten wealth while he was still in military service. GMANews.TV is still trying to reach Special Prosecutor Wendell Barreras-Sulit for her comment as of posting time. The Sandiganbayan’s Second Division has already clarified that it has not yet approved the plea bargain deal, where Garcia pleaded guilty to the lesser offenses of direct bribery and money laundering. In December last year, Garcia was released from detention after posting a P60,000 bail and pleading guilty to the lighter charges. De Lima found this questionable, noting that the bail was granted even if the Sandiganbayan has not yet approve the plea bargain deal. Enough evidence Last Wednesday, the special prosecutors said it was necessary to enter into a plea bargain agreement with Garcia because there was not enough evidence to back the plunder charge. “When we took over the case, we painstakingly looked for evidence na talagang kanila ito [that these were really theirs]… Wala po talagang ebidensya [There’s really no evidence]," said lawyer Jose Balmeo Jr. of the Office of the Special Prosecutor, the prosecutorial arm of the Office of the Ombudsman. Balmeo said an estimated P128 million from Garcia’s bank account had already been withdrawn by the time the government moved to freeze the assets of Garcia, after it filed a plunder case against him in 2005. In retort, De Lima said that even if P128 million is gone, and the government is only running after Garcia’s P135 million in assets, the amount would still be enough to pin him for plunder. On Thursday, De Lima said “P135 million is still within the threshold of plunder which is P50 million. That's still within the purview of P50 million." Citing Republic Act No. 7080 or the Plunder Law, she said only P50 million in ill-gotten wealth is enough to convict a person for plunder. The law states: “Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts... in the aggregate amount or total value of at least P50 million shall be guilty of the crime of plunder and shall be punished by reclusion perpetua." Moreover, De Lima said “[The P135-million in assets] is grossly disadvantageous to the legitimate income of the Garcias. Hindi ba sapat na ebidensiya na nakuha yan lahat, na na-amass lahat yan ng mga Garcia. Hindi ma-explain, then that's plunder." — KBK/LBG, GMANews.TV