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Aquino: Govt to exhaust 'all legal means' vs Garcia plea bargain


Militants in Quezon City express outrage over a Sandiganbayan ruling approving Maj. Gen. Carlos Garcia's plea bargain agreement. GMA News
President Benigno Simeon Aquino III said on Tuesday the government will exhaust all legal remedies to the Sandiganbayan ruling approving the controversial plea bargaining agreement with former military comptroller retired Maj. Gen. Carlos Garcia. On the sidelines of the 112th anniversary of the Commission on Audit (COA) in Quezon City, the President said the government will file a motion for reconsideration at the Sandiganbayan. If this move fails, Aquino said the government will ask the Supreme Court (SC) to intervene in the issue. Aquino told reporters he wondered how the Sandiganbayan arrived its 22-page ruling. He added that the Sandiganbayan, the country's anti-graft court seemed to be "in a vacuum" because it ruled in favor of Garcia despite the numerous testimonies before Congressional hearings to support claims against the general. Militants mulling charges vs Sandiganbayan justices Meanwhile, a militant group has already threatened to press charges against justices of the anti-graft court Sandiganbayan for the same ruling. Akbayan member and former party-list Rep. Risa Hontiveros told GMA News TV's News To Go that her group is studying the possibility of suing Sandiganbayan justices over its ruling. The Sandiganbayan decision, penned by Associate Justice Teresita Diaz-Baldos, allowed Garcia to reach a compromise with the government because allegations that he committed plunder were "weak." Under the approved agreement, Garcia was allowed, among others, to plead guilty to two lesser offenses, return to the government around half of the P303 million that he allegedly stole from the government, and ultimately to be set free by posting bail. "Pinag-aaralan naming magahin ng mga kaso sa mga nagkasala at nagkulang na mga justices. Ang pinag-aaralan namin ay sila ay naging guilty sa paglabas ng isang interlocutory order," Hontiveros said. "Parang lumabas kasi sa kanilang desisyon na may ilang tiwalaing justices at ilang masamang elemento sa Ombudsman na nagsabwatan para sabihin na okay lang makipag-plea bargain deal," she added. The former lawmaker admitted she was "shocked and insulted" by the anti-graft court's 22-page ruling, saying the Sandiganbayan does not seem to be performing its mandate. "Sa pangalan pa lang dapat sandigan ng bayan, hindi sandigan ng mga corrupt. Kaya dapat itinakwil nila ang ganyang pakikipagtwawan sa usapin ng katarungan at katiwalian," she said. Hontiveros' Akbayan was one of the two groups that filed impeachment complaints against Ombudsman Merceditas Gutierrez. "Lost cause" Meanwhile, Bayan Muna party-list Rep. Neri Colmenares said the plunder suit against Garcia seems to be a "lost cause." However, the lawmaker said the President might still be able to do something to turn the situation over. "Ngayon ang bola ay nakay Pangulong Aquino na at sa bagong Ombudsman na dapat sa kanila ay i-file ng SolGen sa Supreme Court ang isang certiorari to reverse the decision on the plea barain agreement," Colmenares said. The Palace has yet to select a new Ombudsman to replace former Ombudsman Merceditas Gutierrez, who resigned from her post just days before the Senate impeachment trial against her was set to begin. She was impeached by the House of Representatives for betrayal of public trust for her alleged failure to act promptly on several multi-million-peso cases involving high-profile officials in government. In the same News TV interview, Colmenares also said Garcia could still be further penalized for direct bribery, of which he pleaded guilty, since he has only served half of the maximum sentence for the crime. "Under the law, direct bribery is [punishable] from six to 12 years. So puwede pa siyang i-sentence ng Sandiganbayan ng maximum to 12 years dahil nag-plead guilty pa siya sa direct bribery," the lawmaker said. While Garcia spent time in jail, his wife Clarita and sons Ian Carl, Timothy Mark and Juan Carlo - also accused with plunder - were able to fly to the United States, and are currently the subject of separate extradition trials. - VVP, GMA News