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Garcia walks on perjury rap, but plunder charge remains

by Peter Tabingo
Malaya

Maj. Gen. (ret.) Gen. Carlos Garcia scored his third win against government prosecutors yesterday after the Sandiganbayan First Division acquitted him on a perjury case alleging that he failed to disclose the total value of his properties in his 1997 statement of assets, liabilities and net worth (SALN).

In a 25-page decision penned by Associate Justice Alexander G. Gesmundo, the graft court held that government lawyers failed to prove beyond reasonable doubt that Garcia stated a deliberate falsehood when he failed to declare ownership of three vehicles in his SALN.

Garcia, former AFP comptroller, said he owned only P870,000 worth of “motor vehicles.” But during trial, prosecutors presented documentary and testimonial evidence that showed he owned three vehicles worth a total of P1,510,380. These are a Toyota Previa (UDS-195) valued at P521,797, Mitsubishi L-300 Van de Luxe (FDZ-582) valued at P424,583, and 1997 Honda Civic (FEC-134) valued at P564,000.

The court upheld the prosecution stand that the Toyota Previa belonged to the accused as evidenced by the vehicle registration receipt obtained from the Land Transportation Office. But it noted that the value of the vehicle was well within what was declared in Garcia’s 1997 SALN.

The Sandiganbayan also ruled that the Mitsubishi van and the Honda Civic sedan “were sufficiently linked” to Garcia’s wife, Clarita.

The court also declared that the prosecution failed to present proof that the omission was deliberate on the part of Garcia.

Any false declaration in the SALN is not in itself unlawful…the prosecution must also prove that the accused did not believe his statement to be true,” the court said.

Garcia was cleared of similar charges by the Third Division on May 22, 2006 and by the Second Division on April 10, 2008.

But last March 18, the former military officer was convicted by the graft court’s Fourth Division, also for perjury, and sentenced him to two years imprisonment. But since the accused has been in detention for the past five years, his jail sentence was deemed served.

Despite his latest acquittal, Garcia is still facing a plunder charge and two forfeiture cases over the alleged P300 million in ill-gotten wealth he was accused of amassing while in active duty.

His wife Clarita, and children Ian Carl, Juan Paulo and Timothy Mark were also named in those cases.

Published inMilitary

28 Comments

  1. bitchevil bitchevil

    Justice indeed runs very slow to Malacanang crooks like this Garcia. Since he has not been convicted of plunder yet, he can legally run for public office in 2010. Look at that Joc Joc who plans to run as Capiz Governor. Remember Garci who also ran in Mindano and lost? Why are these crooks including the Evil Bitch running for office after their terms? Immunity.

  2. Elgraciosa Elgraciosa

    Besides they have all the stolen money to buy votes! What a republic indeed! Nakakadismaya!

    “Gabaan” tani ang mga manlolokong ito!

  3. Isser Isser

    By all means GMA will help Gen Garcia. Takot si GMA that Garcia will incriminate all the names of AFP Comptrollers and Chief-of-Staffs who embezzled millions of money for her. From Gen Cimatu, Gen Esperon to Gen Angelo Reyes — nangurakot lahat yan for Gloria. Just look kung nasaan na sila ngayon – All of them are currently occupying “juicy” positions.

  4. Rose Rose

    Hindi papayag si putot na ma parusahan si Garcia..walang tunay na justice sa atin. God rules the world with justice but itinakwil ni putot ang Dios with the blessings it seems of the catholic bishops (ano ba pader?) kaya ganito ang nangyayari..sa kabilang buhat though..doon ang justice..God will take care of them..hindi naman nila padadala ang mga ninakaw nila..

  5. bitchevil bitchevil

    I can feel that the Bishops are gonna receive another white envelopes this Sunday, Father’s Day. The Evil Bitch would hand those to them and greet them “Happy Father’s Day”.

  6. Kimchi Kimchi

    Isser, did you really mean Chiefs-of-Staff or THIEVES-OF- STAFF ?
    Just asking.

  7. myrna myrna

    hay naku, what else is new?

    expect another acquittal in the near future of the other charges against this bloody garcia.

    sandiganbayan – a misnomer…hindi masasandigan ng bayan!

  8. Rose Rose

    Hindi lang seguro ma exonerate si Garcia..he will be promoted..but then one could never guess with putot look at siraulo..he is now useless to her thus he was junked..

  9. totingmulto totingmulto

    If there are people who do not want to end the war in Mindanao, these are the ganid generals. Kung walang giyera, konti lang AFP budget,walang overpricing of purchases, walang bidding(?), military spending at US military assistance ….walang PERA. And what do we get?- substandard war equipments dahil sa korapsyon. Have you ever wondered sa walang katapusang giyera sa Mindanao? The lost Command, ASG ,Kuratong are all military creations! Kawawang private na sundalo at inosenteng sibilyan, ginawang casulties of war. Bakit walang katapusan ang giyera sa Mindanao? Itanong nyo sa mga ganid na heneral, alam nila ang tamang sagot!

  10. There are people and countries who profit from wars. One country that’s good at this is the US especially in times of economic crisis. War means selling of military weapons surplus.

  11. totingmulto totingmulto

    bitchevil, tama ka.

  12. gapoboy gapoboy

    What do you expect on our justice system, it’s sooo corrupt. Either mga tanga sa Philippine law o mga corrupt ang mga justices natin. I think both…ang case ni mr. plunderer garcia ay maliwanag pa sa araw na plunderer siya kahit na ang isang common tao ay makikita eto hindi nila kailangan pang kumuha ng law para madesisyunan ang case na eto. May section sa bawat legal forms na if you commit perjury you will be punished according to the law…

  13. taga-ilog taga-ilog

    Noong unang panahon, kapag ang isang militar ay nag retire at hindi nagpayaman, mataas ang tingin sa kanya…kagalang-galang at pinagpipitaganan!

    Ngayon….tatawagin kang TANGA…GAGO!

    Mabuti siguro isara na ang Philippine Military Academy, magtayo ng bago, at baguhin na ang prinsipiyo para tumugma sa kasalukuyang takbo ng military graduates para di na madamay ang mga retiradong magagaling

  14. Isser Isser

    taga-ilog,
    I beg to disagree. I don’t see anything wrong with the Phlippine Military Academy. The trainings, and the curriculums are all okay — Ang may problema ay ang ating corrupt na gobyerno and society. After 4 years of training, the new officer is equipped with the values he gained from training. Unfortunately, he is face with the dilemma on how to survive in a corrupt society governed by a corrupt government.

    If he fights the “System” he will end up in jail like Gen Lim’78, Ariel Querubin’79, Senator Trillanes and other young Magdalo officers. If he tolerates the system, he survives, lives a normal life and gets promoted.

    The abolition of PMA is not the solution. The solution is changing the morale values of our society and getting rid of our government of corrupt nincompoop officials. How do we do this? I really don’t know. Probably staging a coup and killing all the “bad apples”. The solution might be harsh but it might work — I really don’t know.

  15. vonjovi1 vonjovi1

    Wala naman mapupuntahan talaga ang kaso ni Garcia dahil alam naman natin kung sino ang kasama niya sa pag nanakaw ng pera sa AFP. Ang karamihan ay naka puwesto na sa Gobyerno natin. Kaya bastusan talaga sa atin. Sana ang mga tao dito ay gayahin ang nangyayari ngayon sa IRAN na lahat ay lumalaban para lang makamit ang tamang resulta. May dayaan pero pinag lalaban nila ngayon. Dito sa atin ay mabusalan lang ng pera ang mga tao ay tameme na. Gayahin natin ang mga IRANIAN..

  16. Kimchi Kimchi

    Isser says, “If he fights the System he will end up in jail like Gen Lim’78, Ariel Querubin’79, Senator Trillanes and other young Magdalo officers. If he tolerates the system, he survives, lives a normal life and gets promoted”.

    I beg to disagree, kaibigang Isser. I don’t really think it is THE system, as you put it, that the cadet-turned professional soldier should protect and uphold. Rather, it is that lone and only mandate they have to fulfill for being what they have become after Juan de la Cruz bankrolled their scholarships at the PMA. And that is that solemn oath to protect and serve the people, defend and uphold the true the constitution, and to defend the Philippines as a whole against any and all enemies both foreign and domestic.

    So as far as I can see, it is not a case for the professional soldier as to whether to “tolerate the system or not”. It is not even a dictum of conscience. It is not even subject for debate. It is his mandate to do his military profession’s bidding as had been ingrained in their minds from the very first day they marched to the beat of the drums and wore the plebe’s uniforms. And that is the reason they are “APOLITICAL”. They are not in a dilemna for anything because they know exactly what they should do. Their allegiance is to the people and to the constitution, period ! They are and should not show bias to any political party. They should NOT be used (prostituted) into doing things inconsistent to their military training.

    Perhaps one will ask, “what about the chain of command” which he should follow ?

    If a soldier is commanded to do anything which is against the realms of his/her legal mandate, then it is expected of the soldier to ignore such command. But if the soldier has other things in mind other than his/her being a soldier, then his position will be compromised. In which case, he either resigns his commission or a dishonorable discharge is in order to maintain and preserve the honor and integrity of the men and women in uniform. As the ARMED entity in a country’s survival, any wrong interpretation of the by-laws and honor code of the military is a compromise nobody wants to experience should things turn ugly..

  17. xman xman

    Off Topic:

    Twitter and You Tube will be a major force once bansot declares State of Rebellion or Failure of Election.

    OFW outside of Philippine should be familiar with “Proxy Server” and how to create it, so that bansot will not be able to disrupt the internet communications inside Philippines, as well as outside Philippines.

    http://news.bbc.co.uk/2/hi/technology/8104318.stm

  18. xman xman

    Twitter and You Tube will be major forces…..

  19. taga-ilog taga-ilog

    isser, I think kimchi has said it all for me. Anybody who entered any institution is duty bound to do his obligation as mandated and has been accepted voluntarily. However, I like your idea of uprooting the evils in the society… regardless who gets hurt.

    It was done in Davao City and Palawan. Di sila kayang bilhin ng salapi ng hudas na si Gloria.

  20. Kimchi Kimchi

    Isser, in a different topic, you said you were a former RAM member. Now I understand why you wrote what you wrote in an earlier thred.

  21. henry90 henry90

    Kimchi,

    I hope di ka dating sundalo. Isser is right. It is not the fault of the AFP as an institution if we are in this quagmire today. It is the whole gamut of Philippine society that should be put under the microscope. By and large, we have a well-meaning and dedicated Corps of officers who serve their country faithfully save for some ‘lost souls’ and this should not be taken to mean that the whole Corps is rotten. I’m sure that many of them, like you and the other contributors here, are agonizing about our state of affairs. If we always insist on calling in the soldiers to pacify and interfere in civil unrest, then i’m afraid, we’re asking for more trouble. I for one went out of the service because i can no longer stomach what’s going on. It’s very tempting to just disobey all illegal orders then as u would put it and convince your men to rise and take up arms against this extremely evil administration, but it is easier said than done. Democracy derives its strength from the sovereign people. We as a people should resolve to make things happen for ourselves sans military intervention. Look where it brought us after the edsa revolt. Soldiers are highly politicized. Many sought political patrons to advance their interests. Political leaders end up joining this and that PMA class to cultivate future military support. This is simply insane. Let’s leave the soldiers alone. Let our leaders be accountable to the people only. Thank you.

  22. Kimchi Kimchi

    henry90 said, “I hope di ka dating sundalo. Isser is right. It is not the fault of the AFP as an institution if we are in this quagmire today. It is the whole gamut of Philippine society that should be put under the microscope. By and large, we have a well-meaning and dedicated Corps of officers who serve their country faithfully save for some ‘lost souls’ and this should not be taken to mean that the whole Corps is rotten. I’m sure that many of them, like you and the other contributors here, are agonizing about our state of affairs. If we always insist on calling in the soldiers to pacify and interfere in civil unrest, then i’m afraid, we’re asking for more trouble. I for one went out of the service because i can no longer stomach what’s going on. It’s very tempting to just disobey all illegal orders then as u would put it and convince your men to rise and take up arms against this extremely evil administration, but it is easier said than done. Democracy derives its strength from the sovereign people. We as a people should resolve to make things happen for ourselves sans military intervention. Look where it brought us after the edsa revolt. Soldiers are highly politicized. Many sought political patrons to advance their interests. Political leaders end up joining this and that PMA class to cultivate future military support. This is simply insane. Let’s leave the soldiers alone. Let our leaders be accountable to the people only. Thank you”.

    Good morning to you, my new-found friend. Kagi-gising ko lang kaya pasensiya ka na. Kaya lang nakita ko ang pseudonym ko kaya napilitan akong sagutin ka. First of all, may I sincerely say that I appreciate your input regarding the topic we are discussing about. Although you seem to have missed some of my points, otherwise I am glad to know we are both against a common enemy in the person of you-know-who.

    To begin with, no, I am NOT a soldier nor was I ever one. Though I must admit I had illusions of entering the academy when I was yet small. But the illusions died down when I saw the trends and innovations in technology that further curbed my interests and my eventual professional practice towards that end.

    I agree with you that it is not the fault of the AFP as an institution for its failure to live up to its true mandate. I further agree that there are also well-meaning men in the officer’s corps who are true to their mandates (if only given that chance to prove it). But I did not say the whole corps is rotten. The problem lies in those few “lost souls” as you aptly termed it, who seem to have marginalized whatever goodness the more idealistic officer corps had accomplished. And sad to say that the misguided souls are the ones wearing the stars (which they never deserved to wear to begin with).

    Unang-una, since the domino-effect of the infamous “hello-garci” tapes scandal broke out (and up until this day), civil unrest had been naturally aroused and was put into motion. And since that time of infamy, gloria was put into a defensive mode to the point that she had become ruthless. The people, in turn, were further pushed into a corner where they hatched and planned more civil unrest every which chance they get.

    What did gloria do ? Even as she knew perfectly well that the protests were civilian in nature, she was not comfortable with the police alone to guard her ass. She had to summon the military to add muscle to the already swollen police ranks, if not to totally take over the duties of the everyday cop with regards to civil unrest. So as you can very well see. it is NOT the people who calls in on the millitary for their problems with gloria. Naki-alam ang military on the behest of gloria who is afraid for her well being. So yoong sinasabi mo na “If we always insist on calling in the soldiers to pacify and interfere in civil unrest, then i’m afraid, we’re asking for more trouble.” I’m afraid dito ka mali, kaibigang henry90. In fact, since the people have lost their trust in the military because of the “few lost souls” within their ranks who serves as gloria’s executioners, the people DO NOT even want to see any member of the military hangga’t maaari. It is gloria who insists that the military be ever present every time somebody so much as call her a bitching asshole.

    Just go to Malacanang IF YOU CAN. One cannot even see the gates of Malacanang due to the presence of container vans that barricades the gates of hell. Add to that the soldiers guarding the barricades with their armored personnel and battle tanks galore. The oft-repeated lame excuse of a communist infiltrator within the ranks of protesters are gloria’s justifications of a military presence. And the police who are really tasked to curb civil unrest are now relegated to mere traffic control.

    Ikaw na rin ang nagsabing, “Soldiers are highly politicized. Many sought political patrons to advance their interests”. I agree 100%. My thoughts exactly my friend ! Like I sad, since the misguided few are the ones with the stars themselves, for a junior officer with a weak character and predispositions, the change in the military to support the people will never come unless he is really ready to die for his country. And this is where I agree with Isser and taga-ilog that a “harsh solution” maybe the best answer but will surely entail a lot of body bags. But like you said (and I agree), it is better said than done.

    What can I say……….no pain, no gain.

  23. Danilo Danilo

    Who: Gen. Garcia
    What: Perjury charges dismissed, soon maybe all others.
    When: 1997
    Where: Sandigan Bayan 1st Div.
    Why: Good Question.
    How: Exactly.

    OPERATION VEGAS

    Situation:

    The country is in perpetual poverty. It has always been that so the elite can easily impose on the peasants. It is time to change that. The poltroon Honasan is an enemy so he and his kind is excluded in this operation.

    Mission:

    Purpose- Decapitate leadership of current administration
    Objective – To install a new government

    Execution:

    Phase 1: When units are secure and able to move undetected
    Phase 2: Assault begins at Round 1 of Manny Paquiao bout, capture, clear and hold ground around targets.
    Phase 3: De-escalation. Secure rest of capital.

    Primary Target:

    Presidential Residence Malacañang
    AFP GHQ, PNP NHQ, Logcom
    SMART, Globe, Sun, PLDT, Meralco

    Secondary Targets:

    Fort Bonifacio
    Sangley Point
    Fort San Felipe

    Tertiary Targets:

    Upon completion of Phase 2 to inform public and assure them of their safety, all media outlets.

    ROE: Weapons free.

    Admin. and support

    Jollybee, Rustans supermarket, clothes by De Leon Tailoring, shoes by Levis Philippines. All TV networks broadcasting the Pacqiao boxing match. And thanks to the taxpayers for the tools and implements the rebel soldiers brandish.

    Communications:

    Through text through channels (Smart only walang Globe) UHF, FM, VHF pre-selected frequency standard call signs until Phase 2 of operations. All signals from loyalist forces to be repeated and report compliance until Phase 2 of operation.

    Signals:

    Masking tapes around right arm pit. Identical Elvis Presley sun glasses.

    Theme song: Etong binabaeng eke ek na ito

    http://www.youtube.com/watch?v=ykXaaKqMU8E&feature=PlayList&p=AA2DFB2C752B3B46&playnext=1&playnext_from=PL&index=32

    Hoy kayong mga dos, oo ikaw…wag mo i-print ito at tatakang secret, ang tamad mo.

  24. parasabayan parasabayan

    Oo nga naman, crucify Garcia and all the pandak’s blood sucking dogs will go down with him and the pandak can nor afford to HURT any of her dogs otherwise magiging domino efect yan.

    The Mindanao operations eh palabigasan ng mga generals. Nandiyan lahat ang mga aids ng mga ibat ibang bansa. This is the reason why the conflict will NEVER END!

    Garcia may just be the “fall guy”. Lahat ng mga nanakaw na pera eh nasa mga mansion, ranches at villas( in Europe) na ng mga ganid na generals. Grabe talaga ang nangyayari sa AFP! Ano naman kasi ang maasasahan sa magasawang magnanakaw? Kung yung mga namumuno eh mga FIRST CLASS na criminal, siyempre yung mga underlings eh sunod sunuran lang. CASE DISMISSED!

  25. If there are people who do not want to end the war in Mindanao, these are the ganid generals. Kung walang giyera, konti lang AFP budget,walang overpricing of purchases, walang bidding(?), military spending at US military assistance ….walang PERA.

    I think money or financial “rewards” is the main reason why the “war” in Mindanao continues. Along with an incredibly inept government founded on corruption, the real reason is that the AFP is not quite a professional fighting force that everybody seems to believe it is or at least what its members think it is. It is at best a banana republic’s armed force, no better than the NPA — definitely a far cry from a true professional military.

  26. Forget the highly politicised and corrupt AFP leaders and commanders for a moment — just look at how the AFP troops and their families are treated in this god-forsaken military. Families of troops living aboard navy boats, pig and chicken farms in major military bases, soldiers assigned to do measly tasks for your village idiot chiefs, troops without adequate soldier’s wear, their wives and children living on hand to mouth existence, etc… how can a nation’s military be expected to be professional when you treat your soldiers in that manner? HOW????

    It is a military leader/commander’s moral role to fight for his troops. In the AFP, the so-called military leader/commander fights for his patron and for himself. You cannot have a professional military force for as long as military values are warped.

    And when you have an organisation whose only pride is its troops’ ability to march and salute crisply, you really aint got a real military to speak of.

  27. Liwayway-Gawgaw Liwayway-Gawgaw

    “…..And when you have an organisation whose only pride is its troops’ ability to march and salute crisply, you really aint got a real military to speak of.”

    He he he he heeeh!

    Yes, ma’am! That’s what our military leaders are. Most especially the bunch of PMA ’78.

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