Ex-Ombudsman says state prosecutors bungled Garcia case

Former Ombudsman Simeon Marcelo on Wednesday accused state prosecutors of purposely bungling the controversial plunder case against former military comptroller Maj. Gen. Carlos Garcia. "Bluntly sasabihin ko, inihuhulog nyo ang kaso (I'll tell you bluntly, you deliberately bungled the case)," Marcelo said during Thursday's Senate inquiry into the plea bargain agreement between Garcia and the Office of the Ombudsman. Marcelo explained that this is the reason why state prosecutors even talk to witnesses before they are presented and why the Ombudsman "evicted" the team led by former state auditor Heidi Mendoza. Mendoza, who was also present in the hearing, supported Marcelo's claim, even claiming that state prosecutor Jojit Capistrano had admitted to her during one of their conversations that the case was "weak." The "weak" plunder case against Garcia is the reason being cited by the prosecutors for entering into the controversial plea bargain deal, which allowed Garcia to walk free after pleading guilty to a lesser offense. Marcelo made the allegation after special prosecutor Wendell Barreras-Sulit faulted him for only specifying the rank and not the position of Garcia in the military, which she said could have made the case stronger. Senator Franklin Drilon, however, accused Sulit of nit-picking. He likewise said that Sulit should instead study how to include in their case the P128 million withdrawn by Garcia's family before their account was frozen. "Dapat hingin na ninyo yun (You should ask for that back)," added Marcelo. 'Be civil' The former Ombudsman also cited the plea bargaining agreement entered into with Charlie "Atong" Ang, where the consent of the offended party was required unlike in the Garcia case. He had earlier argued that the deal was void because it did not have the consent of the offended party. State prosecutors said they don't need it because they are representatives of the people. Marcelo also brought up the plunder case of former President Joseph Estrada, which incurred the ire of the ousted leader's son, Senate President Pro Tempore Jinggoy Estrada. "Your father was convicted...he was just pardoned," Marcelo said. Estrada, however, said it was "common knowledge" that his father was convicted and cleared for another case. "Sinasabi kasi ninyo mga senador emosyonal eh kayo dito ang nagtataas ng boses (You say that the senators are the ones who get emotional but you are the ones raising your voices)," he said. Senate President Juan Ponce Enrile then intervened and told the two parties to "be civil." Marcelo, however, apologized for being emotional, explaining that the case against Garcia is close to his heart because he used to receive death threats when his office was handling it. "Grabe po ang hirap na pinagdaanan ko. Sa kaso na po yan katakot-takot na death threats ang natanggap ko kahit po ang pamilya ko (I have gone through so much. Because of that case, my family and I received so many death threats)," he said. Marcelo said he did not report the incident to the police anymore because his friends in the military had promised him protection. Gross negligence? Meanwhile, Enrile said the plea bargain deal is a product of the "gross negligence" of the state prosecutors. "You have been grossly negligent if you do not understand the implication of what you were doing," Enrile told the state prosecutors present at the Senate hearing. He explained that by allowing Garcia to plead guilty to bribery, he cannot anymore be tried for plunder, the higher offense he is supposedly guilty of. Drilon, for his part, reiterated his call to have administrative charges filed against the state prosecutors involved. "That is a ground for disciplinary action," he said. Sulit, however, said that they will still have to deliberate on Drilon's proposal. "It's very hard to answer that... they are part of the team," she said. — RSJ, GMA News