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Miriam: Reyes' death 'extinguished' his criminal, civil liabilities


Senator Miriam Defensor Santiago said the death on Tuesday of former Defense Secretary Angelo Reyes, who is embroiled in a controversy over alleged military corruption, "extinguished both his criminal and civil liabilities." In a statement, Santiago said "Technically, Gen. Angelo Reyes died with the presumption of innocence on his side, because he never went to trial." Two weeks ago, former military financial officer George Rabusa accused Reyes of receiving a "pabaon" (send-off money) of P50 million from military funds when he retired as military chief. On Tuesday, the day he died, Reyes was supposed to testify before the House committee on justice on its inquiry on the plea bargain deal between the government and former military comptroller Carlos Garcia, who was accused of plunder. The probe, which was ongoing as of posting time, was also supposed to discuss supposed pay-offs received by members of the military upon retirement. Reyes was the Chief of Staff of the Armed Forces of the Philippines (AFP) from 2000 to 2001 during the terms of former Presidents Joseph Estrada and Gloria Macapagal Arroyo. Reyes was also Defense Secretary from 2001 to 2003 and Energy Secretary from 2007 to 2010. "Person-of-interest" In her statement, Santiago said "during the Senate investigation, he was a “person-of-interest," or a “suspect." "His death extinguished both his criminal and civil liabilities. In other words, his criminal liability was totally extinguished, both as to the personal and the pecuniary penalties," Santiago said. However, Santiago said despite Reyes' death, his family remains obliged to return to the government whatever property that could be proven to have been illegally acquired by the former AFP chief. Santiago explained "the Penal Code provides that the obligation to make restoration or reparation for damages devolves upon his heirs. Thus, his wife and children are obliged to restore whatever property may be proved to have been acquired by illegal means." "In lieu of the deceased, his wife and their children may be summoned to the Senate hearing to investigate whether they have become liable under the Anti-Graft Act," she said. Santiago also said the Anti-Graft Act, Republic Act 3019, prohibits any person and family relation “to capitalize or exploit such family relation by directly or indirectly receiving any pecuniary advantage from any other person having some business with the deceased in which the deceased had to intervene." If proven guilty, the wife, children, and in-laws could be charged under the Anti-Graft Act and punished with up to 15 years imprisonment, Santiago said. Under the law, illegally acquired property or "any unexplained wealth manifestly out of proportion to his salaries and other lawful income" may be confiscated or or forfeited in favor of the government, she added. Reyes' death Reyes, born on March 17, 1945, was declared dead on arrival at the Quirino Memorial Medical Center in Quezon City at 7:30 a.m. on Tuesday. However, doctors still tried to revive him and Ona said Reyes' official time of death was 8:32 a.m. on February 8, the birthday of President Benigno Simeon Aquino III. It was not clear whether Reyes shot himself or if somebody shot him. Reyes sustained a gunshot wound in his chest at the Loyola Memorial Park in Marikina City where he visited the tomb of his mother. Reyes is survived by his wife Teresita and his five sons, Pablo, Angelito, Marc, Carlo and Judd. – with Kim Tan, Veronica Pulumbarit, GMA News