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Palace suspends for 90 days Garcia plea bargain ‘architect’

One by one, they fell.

First it was Deputy Ombudsman Emilio Gonzales who was fired. Then Deputy Ombudsman Luzon Mark Jalandoni, who resigned. Then Ombudsman Merceditas Gutierrez who also resigned. Now, Wendell Barreras-Sulit suspended.

By Jocelyn Montemayor and Peter Tabingo
Malaya

Sulit
Special Prosecutor Wendell Barreras-Sulit has been charged by Malacañang with graft and betrayal of public trust and suspended for 90 days in connection with the plea bargain agreement the Ombudsman forged with former military comptroller Maj. Gen. (ret.) Carlos Garcia who was accused of amassing some P303 million while in the service.

A two-page formal charge sheet signed by Executive Secretary Paquito Ochoa Jr. Tuesday said the three-month preventive suspension aims to ensure there will be no tampering with evidence and interference in the investigation.

He said the suspension would start upon Sulit’s receipt of the formal notice.

Sulit could not be reached for comment. But according to sources, she received the suspension order yesterday.

The sources said Sulit scribbled a marginal note on the order, which read, “received under protest subject to outcome of my petition in the Supreme Court and in view of the pendency thereof.”

She signed the order, signifying she was properly served.

Sulit’s petition, filed in April, sought relief from Malacañang’s investigation for possible disciplinary action against her and other Ombudsman prosecutors for entering into the plea bargain agreement.

Sulit and her fellow prosecutors maintain they strictly observed the letter of the law in forging the Garcia deal, and insisted the agreement was the best possible option for the government in light of weak evidence to secure a conviction against Garcia, his wife Clarita and their children Ian Carl, Juan Paulo and Timothy Mark.

The agreement was approved by the Sandiganbayan’s Second Division last month. The plea bargain allowed Garcia, who was originally charged with plunder, to walk on the plunder case.

Garcia pleaded guilty to lesser offenses in December last year and was released from detention after posting P60,000 bail.

The government has filed a motion for reconsideration.

Malacañang gave Sulit 10 days to file an answer before the Office of the Deputy Executive Secretary for Legal Affairs.

Acting Ombudsman Orlando C. Casimiro implemented the suspension order yesterday.

Sulit was accused of failing to discharge her mandated duty of prosecuting erring public officials “with utmost responsibility, integrity and professional competence.” This, the order said, might have caused “undue injury to the government and gave unwarranted benefits to Garcia through manifest partiality, evident bad faith and gross inexcusable negligence.”

The order also said Sulit violated rules and jurisprudence when she “knowingly and willfully” entered into the plea bargain.

The order also said Sulit and her deputies may have “impaired deliberately the case for the prosecution by ignoring and abandoning evidence favorable to the interest of the government and presenting evidence adverse to its cause.”

The administrative case stemmed from investigations conducted by the House justice committee on the plea bargain.

The committee recommended that Sulit be dismissed from service for culpable violation of the Constitution and betrayal of public trust.

Justice panel chair Rep. Niel Tupas, in a letter to the Palace on February 22, said Sulit should be dismissed “for gross inexcusable negligence, ignorance of the law and lack of professionalism.”

The committee made the recommendation after holding three hearings on the Garcia plea bargaining agreement which it wanted withdrawn.

The resolution said charges should also be filed against deputy special prosecutors Roberto Kallos and Jesus Micael and Assistant Prosecutors Jose Balmeo Jr. and Joseph Capistrano.

The justice panel said the five prosecutors should be charged not only with negligence and ignorance of the law but also dereliction of duty for forging the deal with Garcia. – With Wendell Vigilia

Published inJustice

16 Comments

  1. chi chi

    The committee recommended that Sulit be dismissed from service for culpable violation of the Constitution and betrayal of public trust.
    __

    Dapat, ang ganyang kasalanan sa publiko ay dapat sipain at panagutin.

  2. roberto b. villaflores roberto b. villaflores

    Dapat nga pananaugutin. Pero ang matindi nito, sa hudikatura talaga ang problema ng bayan. Imagine, kung strikto ang hudikatura, disin sana ang bansa natin ay di chaotic.

    Wala sa graft and corruption ang problema ng bayan… nasa pagpapasunod ng batas o Rule of Law. Sino ang tagpagpasunod, di ba ang hudikatura.

    Ako ay naniniwala sa pananaw na ito: unquote ” Ang pagsunod sa kalakaran ng batas, o Rule of Law, ang kulang sa ating sistema ng lipunan. Ito ang pangunahing sanhi ng patuloy na pagbagsak ng ating mga pangkabuhayang interes unquote – Atty Alan Paguia

  3. Rudolfo Rudolfo

    Kitang-kita naman sa katawan-pagmumukha ang resulta ng “bargaining” ki Hen. Garcia..resulta yata ng “mga lagay-at- komisyon “…Sana magbago na ng isipan at takbuhin ng panunungkulan ang mga naging “galamay” ng halos 10-taong GMA admin…na lasing yata sila, sa gaing di tama…Kudos ki pangulon Pnoy !..

  4. Lurker Lurker

    Why only a suspension? She should be fired and charged appropriately––dereliction of duty, betrayal of public trust, etc.

  5. vonjovi2 vonjovi2

    February pa palang pinadala ang sulat at recomendayon na tangalin at bakit ngayon lang nag action ang AQUINO’S Govt. Mabagal rin pala ang mga ito. I check rin nila ang ari arian at baka biglang yaman din si Sulit..

  6. Guido Guido

    What the f…!!! Suspended for 90 days ONLY??!! I need to go to the bathroom and puuuuuuke!!!

  7. saxnviolins saxnviolins

    Mukhang busog na yang taong yan. Check out her picture on the inquirer

    Here

    This is how she looked like in a previous incarnation:

    Click here.

  8. i’ve heard lawyers being referred to as “sharks” this is something new. 🙂

  9. Why are the wheels of justice so slow when we are looking for justice but so fast when powerful people commit injustice?
    Sometimes I believe that whenever a law is being crafted, the ones crafting it are already providing loopholes.

  10. saxnviolins saxnviolins

    Here is a sample of twisted logic by Mark Jalandoni.

    http://www.abs-cbnnews.com/nation/06/16/11/ombudsman-junks-graft-case-vs-lito-lapid

    Lapid govt buys the property for 105, but it is valued at only 5. The Lapid govt sells the property later for 143.5, realizing about 39 M in profit.

    “Complainant does not dispute that the Province of Pampanga earned a profit of P39,500,000 from the sale of the property to Rightpark International Corporation. Hence, lacking the essential element of actual damage, the charge of violation of RA 3019, section (e) necessarily fails,” the Ombudsman said.

    Gago the actual damage is the 100 M that the govt did not realize, because it bought the property overpriced.

    So kung tumubo ng piso, oks na?

    The dismissal is only by the Ombudsman (prosecutor), so it may be reversed by the new Ombudsman. Sorry Lapid wala pang double jeopardy. The dismissal was not by a Court.

    Prosecute Jalandoni as well.

  11. Akala ko lalaki si Prosecutor Wendell Barreras-Sulit.. Pero ang napansin ko sa kanyang piktyur sa itaas, nakataas ang kaliwang kilay… parang si Donya Buding ang arrive. May nabasa ako sa ibang blog na sulit na sulit na raw ang kinita ni A.t.t.y. from Gen. Garcia kaya kahit matigbak sa kanyang posisyon sa Ombudsman, no problemo.

  12. Pati nga sa Senado, dapat kasuhan din yan for lying under oath. Sabi niya sa Senate hearing, sumulat sila sa Sandiganbayan “to hold in abeyance” any decision on the Garcia plea bargain.

    Namputa di pala totoo yun.

    Magnakaw ka ng P313M pwede palang P135M ang isoli. Daig ng plea bargain ang flea market.

  13. martina martina

    Si Sulit laging suot ang kanyang pambigti, pahaba ng pahaba, abah hindi kaya mag ala Reyes yan. Pagnagkataon, tuloy ang ligaya ng pamilya niya katulad ni Reyes, eh wala silang sagutin sa pangdarambong dahil inilibing na ang posibleng kaso kasama sa hukay.

    Sa example ni Reyes na walang kasong naiwan kahit sa kapamilya, hindi malayo na may mga gagaya, baka si Putot isa diyan.

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