Next Ombudsman to axe deal in Garcia plunder case?

The next Ombudsman’s first assignment after being appointed by President Benigno Aquino III: to review and revoke the plea bargain deal entered into with dismissed Armed Forces comptroller Carlos Garcia regarding his P303-million plunder case. Presidential spokesman Edwin Lacierda said on Monday that although after Aquino appoints the next Ombudsman Malacañang cannot interfere, “certainly, we hope that the new Ombudsman will act on the plea bargaining case." “Yes, we would like to see an action on the plea bargaining because it would be under the supervision and control of the Office of the Ombudsman," he said. “You know the position of the Palace or the President’s preference on that matter. We feel that it was an unfair plea bargaining agreement and we feel that it should be reversed or not approved by the Sandiganbayan," he added. He said the plea bargain deal can still be reversed. “As to using that as a benchmark, it’s unfair for me to impose a litmus test on the new Ombudsman. The only litmus test that is required for the new Ombudsman is that what is found in the Constitution," he said. Plunder case, cash smuggling The Sandiganbayan approved the plea bargaining agreement in May 4, 2010, in which Garcia settled his P303-million plunder case in exchange for P135.43 million. Garcia’s two sons – Ian Carl, 32, and Juan Paulo, 29 – had earlier pleaded guilty to charges of bulk cash smuggling and have been sent jail in the US. They were caught carrying $100,000 in cash on a flight from Manila. Garcia’s wife, Clarita, in an effort to retrieve the cash and free her sons, told US Immigration and Customs Enforcement agents that the money taken from her sons were “gratitude money" from Philippine and international companies that were awarded military contracts while Garcia was Armed Forces comptroller. US authorities have documented large money transfers made by the Garcias over several years, totaling at least $785,630. The US Department of Homeland Security also identified at least three real-estate assets of the Garcia family in the US, namely: a $765,000 Trump Park Avenue Condominium at 502 Park Avenue and a $750,000 apartment at 222 East 34th Street – both in New York City – and a house at 625 Vancouver Drive, Westerville, Ohio. Garcia allegedly stole from the UN peacekeeping reimbursements, RP-US Balikatan joint military exercises expenses, AFP procurements, and interagency transfers. He allegedly diverted AFP money to private bank accounts and paid alleged “contractors" that included his wife and some relatives. Deputy Ombudsman dismissed On another note, Lacierda said the Palace will enforce its dismissal order against Deputy Ombudsman Emilio Gonzalez III for having sat on the dismissal case of police Capt. Rolando Mendoza, which had driven the desperate policeman to hold hostage a busload of Hong Kong tourists and kill some of them on Aug. 23, 2010. “The understanding is we will enforce the order once there is no response from Deputy Ombudsman Gonzalez. But as to what the response is, I would have to ask the legal team," he said. May 2 was the deadline for Gonzalez to respond to the order.— MRT/VS, GMA News