Drilon: Prosecutors in Garcia plea deal liable for charges

State prosecutors involved in the controversial plea bargaining agreement with accused plunderer Carlos Garcia, a former military comptroller, may have violated Philippine laws, according to Sen. Franklin Drilon. That is, if it will be proven that there is strong evidence to convict Garcia of plunder. “They should be hailed to court immediately and sacked for this grossly negligent agreement and for causing undue injury to the government," Drilon said Monday. Ombudsman Ma. Merceditas Gutierrez had earlier told a congressional inquiry on the agreement that she approved the deal because evidence against Garcia was “weak" — a claim belied by Heidi Mendoza, a former state auditor who was part of the team that investigated Garcia. Drilon, a former Justice secretary, said the prosecutors’ decision to allow Garcia to plead guilty to a lower offense despite what he said was strong evidence against him is punishable under Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. He said the prosecutors may have violated Section 3 (e) of RA 3019 for “causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence." He said they may have also violated section 3 (g) of the RA for “entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby." Drilon said that anyone can initiate the filing of charges against the prosecutors. He also said that once a complaint has been filed, Gutierrez should inhibit from the investigation because she was the one who approved the deal. He added that Justice Sec. Leila de Lima is the only “right person" to prove if the prosecutors indeed committed abuses, lapses, and negligence. Garcia, who was in charge of disbursement of military funds when he held the post of AFP comptroller, was by far the highest ranking military official undergoing trial by the anti-graft court for the crime of plunder, or graft and corruption on a massive scale. He walked free after pleading guilty to direct bribery and money laundering, which were bailable. Former Ombudsman Simeon Marcelo had earlier said that the deal between Garcia and state prosecutors was defective because the offended party — in this case the Philippine government — did not agree to it and that there was enough evidence against Garcia. Gutierrez, however, said that they do not need the consent of the "offended party" when entering into a plea bargaining agreement. - KBK, GMA News