Prosecutors set to oppose SolGen’s motion to intervene in Garcia deal

Two legal offices of the Philippine government are gearing for a court fight to settle the dispute of whether the controversial plea bargain agreement between the Ombudsman and former Armed Forces of the Philippines (AFP) comptroller Maj. Gen. Carlos Garcia is in the interest of the government. The Office of the Special Prosecutor (OSP), which is a party to the plea bargain deal, is set to oppose the Office of the Solicitor General (OSG)’s motion to intervene on the issue that is now before the Sandiganbayan, the country’s constitutionally independent anti-graft court. Lawyer Jose Balmeo Jr. of the OSP said that they will file within the next 15 days their comment and opposition to the OSG’s motion before the Sandiganbayan. “We are now preparing our comment and our opposition to that motion… It is our position that it is the Office of the Special Prosecutor that is the representative of the people in this particular situation," he said in a briefing with GMA News’ Sandra Aguinaldo and other reporters on Wednesday. Balmeo added that the OSP “stands by" the plea bargaining agreement it struck with Garcia, who pleaded guilty to a lesser charge of direct bribery and money laundering instead of the crime of plunder as part of the deal. (See: Report: Ex-general Garcia pleads guilty to lesser offenses) The said agreement allowed Garcia, who allegedly amassed P303 million from government coffers, to post bail and to be temporarily freed in December last year. Solicitor General Anselmo Cadiz filed last week an urgent motion for leave to intervene with attached petition for intervention on the agreement, saying that the deal “does not protect" the interest of the Philippine government. (See: Sol Gen moves to intervene in Garcia plea bargain deal) Special Prosecutor hurt In the same briefing, Special Prosecutor Wendell Sulit expressed disappointment over the way her fellow officials in government are reacting towards the plea bargain agreement. “It’s really hurting [how] our co-officials in the government are accusing us and crucifying us before validating the records," she said. She added that the OSP had “what is best for the government" in mind when they struck the deal with Garcia. Sulit has also said that the OSP should not be blamed if ever the government fails to recover the entire P303 million supposedly stashed by the ex-military comptroller. (See: Prosecutors: Don’t blame us if govt doesn't get full P303M from Garcia) Despite these statements from the OSP, Justice Secretary Leila De Lima said on Thursday that the Office of the President, which has jurisdiction over the special prosecutors, can initiate investigation on why these officials agreed to the deal with Garcia. (See: De Lima: Office of the President can investigate prosecutors in Garcia case) The OSP is part of the Office of the Ombudsman, a constitutional body that is supposed to serve as the government’s independent watchdog and to act on any complaint against wrongdoings by government agencies and officials. Republic Act 6770 or the Ombudsman Act of 1989 expressly provides that the Special Prosecutor has the authority to enter into plea bargain agreements. The OSG, on the other hand, is mandated by the 1987 Administrative Code to be an “independent and autonomous office" attached to the Executive branch’s Department of Justice, with the task of representing the government in any litigation or matter requiring the services of a lawyer.—Andreo C. Calonzo/JV/MRT, GMANews.TV