By Michael Punongbayan (The Philippine Star) Updated December 23, 2010
MANILA, Philippines - Former military comptroller Carlos Garcia was not sentenced yesterday after the Sandiganbayan postponed promulgation of the decision on the cases of direct bribery and facilitating money laundering he is facing.
The promulgation of the decision was cancelled for still unknown reasons.
Garcia is out on P60,000 bail after entering into a plea bargaining agreement with the government to plead to lesser offenses.
He was originally charged with the non-bailable crime of plunder for allegedly amassing millions in ill-gotten wealth.
Government prosecutors and Garcia’s lawyers have been barred from granting media interviews about the plea bargaining agreement.
The Sandiganbayan said all parties should wait until it has promulgated the decision on the case.
“It appears that numerous unfounded comments have been made on the incidents pending in these cases that only confuse the issues and do not in any way serve the ends of justice,” read the court order.
The Office of the Special Prosecutor received the order at 12:50 p.m. yesterday while Special Prosecutor Wendell Barreras-Sulit, Deputy Special Prosecutors Jesus Micael and Robert Kallos, and Assistant Special Prosecutor II Joseph Capistrano were preparing to face reporters.
Assistant Ombudsman Jose de Jesus Jr. said media reports during the past days have been “sowing seeds of hate and spite” that has undermined the competence of the Office of the Ombudsman.
“Even if we were suffering and hurting with the attacks that are unreasonable, we tried our best to keep quiet because we are lawyers who recognize the authority of the courts, from the lowest to the highest which is the Supreme Court,” he said.
De Jesus said the anti-graft agency has decided to answer allegations at the risk of violating the sub judice rule because of what they have been hearing and seeing.
However, the Sandiganbayan order has stopped them from correcting “the lies affecting the mind of the public,” he added.
The Office of the Special Prosecutor, as officers of the court, have to abide and comply with the anti-graft court’s order, Micael said.
Aquino ready to stop Garcia plea bargain
President Aquino’s legal team is finalizing a plan to stop a plea bargaining deal between the government and Garcia.
“The legal team is wrapping up recommendations already,” Aquino said.
Presidential Communications Secretary Ricky Carandang said the Office of the Solicitor General could intervene in the case.
“The lawyers will have a better idea what the possible options are, but what I can say is that this is not a decision that we’re happy with and that if we find a legal recourse to do something about it, then we will,” he said.
Carandang said the Sandiganbayan’s gag order on media interviews does not cover Malacañang.
“I haven’t seen the details of the gag order or whether we are covered by it,” he said.
“But as the Ombudsman likes to say, we have no personality in this case. So I would assume that if the Ombudsman is correct then that gag order probably wouldn’t apply to us.”
However, Carandang said Malacañang would obey the court’s order if they are told to keep quiet.
“Again, if the gag order requires us to be quiet about it, then we would comply with any court requirement,” he said.
“But, again, if people say we are not a party to the case then I don’t see why we would be covered by the gag order. But again, let the lawyers figure that out and if the lawyers say I should shut up then I will shut up.”
Solicitor General Joel Cadiz said they are preparing to file a motion to intervene with the Sandiganbayan to stop the plea bargaining agreement with Garcia.
The administration firmly believes that the plea bargaining deal is illegal, he added.
Carandang said the Sandiganbayan should not approve the deal since the case was “deep into trial” already.
Under the Rules of Court, an accused may only plead to a lesser offense before the start of trial, he added.
If the Sandiganbayan rejects the OSG’s plea to void the deal with Garcia, they might elevate the case to the Supreme Court, Cadiz said.
Honasan: Garcia might implicate others
Sen. Gregorio Honasan believes Garcia might implicate “higher-ups” as part of the plea bargaining agreement with the government.
“I will not believe that General Garcia did this all by himself,” he said.
“First of all, the comptroller of the military is just a member of the staff of the chief of staff, who is in turn the chief of the staff of the commander-in-chief. So let’s try to dig deeper, that the plea bargain might have included this dimension.”
Honasan said the case of Garcia, his classmate at the Philippine Military Academy Class of 1971, “is not a simple case of what and how much we are to recover.”
“I cannot believe that he did it by himself… the judicial process is very slow but we have to understand.”
Honasan rejected reports that the Garcia case would be a test case for the Aquino administration.
“Are we saying if we convict General Garcia, it will stop?” he asked.
“Let’s wait for the process, what the Sandiganbayan will say, let’s incorporate all appeal mechanisms.”
Trillanes: I will not apologize
Trillanes has refused to apologize to the government for taking part in coup attempts against then President Gloria Macapagal-Arroyo.
Speaking to reporters, Trillanes said he does not agree with Sen. Joker Arroyo that that he and other Magdalo soldiers should apologize for their past actions.
Meanwhile, Trillanes said the only way to stop the government’s plea bargaining agreement with Garcia is to remove
Ombudsman Merceditas Gutierrez.
“I believe we have to change the Ombudsman,” he said.
Bishop: Plea bargain, Trillanes, a bad message
A Catholic bishop believes the plea bargaining agreement with Garcia and the release of Trillanes have sent a wrong message.
Speaking over Catholic Church-run Radio Veritas, Cotabato Auxiliary Bishop Colin Bagaforo said he agrees with the observation of Muntinlupa Rep. Rodolfo Biazon, a retired Armed Forces chief, that the plea bargain agreement with Garcia could trigger a coup in the future.
“I agree, it can be one of the scenarios,” he said.
“I don’t want it to happen, but that’s a possible scenario. You know, it can create dissatisfaction and at the same time, others might take the law into their hands.”
Lingayan-Dagupan Archbishop Emeritus Oscar Cruz said the plea bargaining agreement with Garcia does not conform to Aquino’s image as a corruption fighter.
“That someone who is 99.9 percent guilty of bribery and plunder, including the wife and the two kids, all of a sudden gets away with a plea bargain to the effect that that a portion of the money would be returned but bigger portion to be retained by the family,” he said.
“The lesson it leaves behind is very, very odious and unpalatable. So this is the way we do things in the country now? You steal and you steal and then all of a sudden you say well, I’m sorry. You keep a part, I get a part and bye-bye. I don’t think that is the way of justice or the mandate of common sense. Even just a play of common understanding will say something is not right there.”
Military: Garcia’s release will not demoralize soldiers
The military believes the release of Garcia would not affect the morale of troops.
Armed Forces spokesman Brig. Gen. Jose Mabanta Jr. said the Armed Forces is now a highly professional organization.
“Measures have been enforced (to transform) the Armed Forces into what it is right now, a highly competitive and professional armed forces,” he said.
Mabanta said soldiers may have different views on the release of Garcia but they respect the decision of the court.
“The soldiers may have their own opinion on this plea bargain but at the end of the day, we all follow instructions,” he said.
“Some may agree, some may not but being soldiers, being apolitical, we will follow the line.
“The days of military adventurism are over. We have moved away from that phase, the chain of command is intact, even if there is a difference in opinion.
“At the end of the day we toe the line and move forward towards one general direction.” -- Aurea Calica, Christina Mendez, Evelyn Macairan, Alexis Romero
No comments:
Post a Comment