Ombudsman Merceditas Gutierrez on Thursday agreed to file a manifestation before the Sandiganbayan on the Senate's recommendation to withdraw the motion to approve the controversial plea bargaining agreement with former military comptroller Maj. Gen. Carlos Garcia, who is accused of plunder. "We will file a manifestation (on the) recommendation to withdraw (the plea bargaining agreement as recommended by this body," Gutierrez said at a Senate hearing on Thursday.
Senators Franklin Drilon and Teofisto Guingona III asked Gutierrez to withdraw the motion to approve the plea bargain deal while the Senate is reassessing the new evidence presented by two persons:
former AFP fund manager retired Army Col. George Rabusa and former government auditor Heidi Mendoza. Drilon asked Ombudsman Gutierrez: "Could you withdraw the plea bargaining agreement and present as witnesses Rabusa and Mendoza? Not rescind, just withdraw." However, Gutierrez said she cannot commit to anything. "Please allow us to assess and corroborate evidence. We do not want to rush," Gutierrez said, adding that there are still "possibilities for changes." In last week's Senate hearing, former Ombudsman Simeon Marcelo said the deal between Garcia and state prosecutors was defective. Marcelo claimed that the deal was defective because the offended party — the Filipino people — did not agree with it and there was enough evidence against Garcia. Garcia, who was in charge of disbursement of military funds when he held the post of AFP comptroller, is by far the the highest-ranked military official undergoing trial at the anti-graft court for the crime of plunder, or graft and corruption on a massive scale. He walked free from detention after entering into a plea bargaining agreement with the Office of the Ombudsman by pleading guilty to a lesser offense of direct bribery and violation of Anti-Money Laundering Act (AMLA) before the Sandiganbayan's Second Division. Garcia, however, pleaded not guilty to charges of plunder and violation of Sec. 4-A of the AMLA. On the other hand, Gutierrez noted there was no need for the consent of the "offended party" in entering into a plea bargaining agreement with Garcia. She said as state prosecutors, they have the power to enter into agreements on their own because they are representatives of the Filipino people. "Marami po kaming pinapatupad na plea bargaining agreement na wala po kaming kinukuhang pahintulot kaninuman (We had entered into plea bargaining agreements without needing to get the consent of anyone)," she said during Thursday's senate inquiry. Gutierrez specifically cited the agreement they entered into with former President Joseph Estrada regarding his plunder case. [See: Sandigan OKs Atong Ang plea bargain deal] — LBG/VVP, GMANews.TV 
GMA Brandtalk
Tracking
Archives
