Lady Justice is really blind under Gloria Arroyo’s rule
by Peter J. G. Tabingo
Malaya
Retired Major Gen. Carlos F. Garcia scored his second straight court victory against the government Thursday after the Sandiganbayan Second Division acquitted him of a perjury charge alleging misrepresentations in his 1998 statement of assets, liabilities and net worth (SALN).
In its 54-page verdict, the graft court cited a “defect” in the prosecution’s case saying the standard form issued by the Civil Service Commission did not provide for the disclosure of the assets owned by the defendant’s spouse or minor children.
This loophole, according to the court, constitutes reasonable doubt that Garcia did not make an intentional omission in his SALN but simply made an “honest mistake.”
“Whatever error was committed by the accused, the same is attributable to the mistake in the preparation of the SALN form by the CSC,” the court ruled. “It may be pertinent to state that where strict compliance of the law by the public official or employe was made impossible or difficult by reason of the acts or omissions of the one tasked to enforce the law, then, the public official or employe must be relieved from strict compliance, and any error resulting therefrom must be permissively excused.”
Garcia, erstwhile comptroller of the Armed Forces of the Philippines, was accused of lying about the total value of his assets, particularly his motor vehicles whose value he placed at only P870,000.
Prosecutors claimed Garcia left out of his SALN a Toyota Previa, a Mitsubishi L-300 van, and a 1997 Honda Civic with a combined value of P1.51 million. The last two cars were registered in the name of his wife Clarita Depakakibo-Garcia.
The court said the SALN form used by Garcia failed to distinguish between exclusive and conjugal assets of the public official and his/her spouse.
“Perjury cannot be willful where the oath is according to belief or conviction as to its truth. A false statement of a belief is not perjury. Bona fide belief in the truth of a statement is an adequate defense. A false statement which is obviously the result of an honest mistake is not perjury,” the court said.
Garcia was earlier acquitted by the Third Division on a similar perjury case on May 22, 2006.
Two other perjury cases remain pending against him at the court’s First and Fourth Divisions, and he is also being tried on a plunder charge before the Second Division.
He was also named defendant in two ill-gotten wealth lawsuits now lodged with the Fourth Division, along with his wife and three children who were accused of helping him conceal alleged his unlawfully acquired assets. –
Sa hinaba haba man ng proseso laban sa mga mandarambong ni Juan Dela Cruz, patunay lamang ito na ang hustisya ng ating bansa ay naka design para pagsilbihan ang mga magnanakaw sa gubyerno. Kawawang bayan. Hoy Gising!!!!!!!!!!!!!!!!!!!!!!
Rep. Roilo Golez:
Sages say, justice is blind. In thsi case, it is really blind!
George Orwell said that in a time of universal deceit, telling the truth is a revolutionary act. Conversely, the acquittal of Gen. Garcia on charges of perjury brings home to us the reality that at this time, in this country, the liar, thief and cheat reaps the rewards of the just.
One cannot commit plunder without necessarily lying about it, and especially lying about it under oath. Government transactions are replete with requisites for sworn statements. A statement of assets and liabilities is required to be sworn to, under oath and notarized, that is, made public. An acquittal for perjury, despite the very obvious lies, sends home the message that it is the untruth that is given precedence so that other greater crimes will be forever hidden and the very public lies will be protected (think ZTE and the persecution of whistle blowers).
Capt. Nicanor Faeldon is missing, and the officers and men incarcerated for the 2003 Oakwood incident and the 2006 Fort Bonifacio incident are all in jail because they felt the need to bring the truth to our country men. Gen. Carlos Garcia, who had to tell lies to cover up an illegal amassing of wealth, generously distributed to others in power, will walk free.
This is a time of universal deceit, indeed.
ATTY. TRIXIE CRUZ-ANGELES
Counsel for Capt. Nicanor Faeldon
And Capt. Ruben Guinolbay
Guevarra, Cruz-Angeles Law Office
It is an ideal, that justice should be blind – blind to the status of the parties; but it should not be blind to the evidence.
The courts seem to have applied the reverse these days.
Is our judicial system working for the criminals now? Is is really this rotten now? I had been out of the country for over two decades( I am glad I did!)and I cry whenever injustices are done!
Everyday now there is always some form of corruption being uncovered involving high officials and the villains seem to get away with all the crimes! The losers are always the PEOPLE OF THE PHILIPPINES! The piled up debts because of these big time corruption will be paid by the next generations. Those in power now will not feel it because they are making sure that their siblings will have money for a long time but it is the people who are barely making it (we have over 50% of our population who are in this category) who will feel the pinch the most. Worst, at the rate government corruption is going, not even higher taxes will pay the bills. The day will come when we have to sell our islands, our natural resources and allow all those we owe so much from to just come and impose anything they want on us. We will not have any ground to oppose them because by then, THEY OWN US!
Magkano kaya and bayad na mga Ombudsman na ito?
The precedent-setting decision’s purpose is obvious: Gloria’s assets are now declared using the same official SALN form and majority of the conjugal assets are in Mike Arroyo’s or their children’s name.
Cut my neck if I’m wrong.
Kusang nagpatalo ang Ombudsman kay Garcia! Onli in da Pilipins under Korap Gloria’s rule that the criminals are set free and rewarded.
Off topic:
Ellen, one of your loyal readers (not an active commenter though), Sid Gomez Hildawa, has passed on. A friend and former classmate who was a Palanca-awardee poet, architect (board topnotcher), designer, visual artist (among many others) was CCP Arts Director who was designing a museum for CCP when he died Sunday. I read some of his comments here but cannot find them now.
He was featured in Inquirer and Phil. Star.
Just to let everyone know that Sid’s friends in the literary and visual arts world are donating some works in the CCP Gift Shop to raise money for his medical and funeral bills.
Let’s pray for his eternal rest.
Sorry to hear that.
If you know his family, please extend my condolence.
Will do pray for Sid’s eternal rest.
Tongue, I do not know Sid personally but since he shared his thoughts with us, I am praying for the repose of his soul as well.
Erring lawyers should go back for a little review. Or more if necessary.
Thanks, guys. Sid’s life was an inspiration to many. Search the blogs and you’ll see what I mean. Look at the people he has touched.
A public servant with a meager salary owns number of expensive cars,was cleared for having car that many,the only mistake he made is for his failure to register the cars and its an honest mistake so the judges say.Nahulog ako sa upuan ko ellen.
Ang mga magnanakaw sa gobyerno ay talagang to the max na kung magnakaw dahil kung marami ng pera, mayroong pantapal sa lahat na gustong magquestion sa kanila. Kung moderate lamang ang pagnanakaw, ay kawawa sila dahil sa kalaboso ang bagsak nila. Palagay ko ay mina max na nila talaga dahil sabi nga ni Erap, ‘weather weather’ lamang sa mundo. The opportunity is there and it may not come their way again.
How many more unfair court decisions like the one that just cleared this corrupt former army comptroller Carlos Garcia of perjury are we Filipinos going to stomach? How much longer would most Filipinos endure the lying, corruption, tyranny, greed and ruthlessness (the list could go on and on) of this present administration? Gloria Arroyo, and all those who chose to side with her have no conscience. I believe that the conscience is the part of our mind which tells us if what we are doing is good or bad. Regardless of faith, one can easily tell the basic right and wrong. If an individual could continue doing what is wrong despite knowing fully well what is right, then I could say that this particular individual’s mind is controlled by a spirit. An evil spirit. Romulo Neri got it so right when he said that that Gloria is evil. In the long run, evil will never triumph over what is good. Some people (me included), are aching to have this runt at Malacanang ousted ASAP. Let’s
hope that it’s not in God’s plan for this demon possessed president of ours to stay long in power. She is corrupting more and more people in the process. We should do what we can to speed up Arroyo’s expulsion from the presidency. To all you level headed bloggers of Ellen’s website, I exhort you to at least expose the evil that this administration has done and is still doing by word of mouth and not just in blogs. A great number of Filipinos don’t use the computer for correctly and effectively. We have to enlighten the people of the real issues happening in the government. There are still some, who out of ignorance, sincerely think that Gloria Arroyo is trying her best to improve the country’s situation. I WAS one of them. Let us pool our resources together. We do this not only for the
future of our children but also for the men and women are currently bearing the brunt as a result of their genuine conviction. Should any of us, due to some unfortunate incident, fail to see the fruits of our labor, that’s just as fine as long as the seed (the ideal) planted by the gallant men and women who STILL are struggling lives on. Our struggle perseveres!
MABUHAY ANG MGA TUNAY NA MAGDALO! MABUHAY SILA MAJ. GEN. MIRANDA AT COL. QUERUBIN!
gloria’s culture of lying, stealing, cheating and mockery of justice is UNSTOPPABLE
gloria’s culture of lying, stealing, cheating and mockery of justice is UNSTOPPABLE
pinaglalaruan ng mga maligno ang site na ito.
hindi pa tapos ang comment ko, submitted na kaagad at doble pa!
nagtatayuan tuloy ang balihibo ko sa kilikili!
ngiiiiiiih!
justice is not for us. the judiciary is not working, it only works for the corrupt and liars. i.e. mga siRAUlo at APOSTOL ng gobyerno.