The Sandiganbayan ruled that former Armed Forces of the Philippines comptroller, General Carlos Garcia’s plea bargain deal is legal. According to Newsbreak‘s sources, the second division led by Justice Edelberto Sandoval dismissed the motion filed by the Solicitor general, and rejects the findings of the Senate Blue Ribbon Committee which was investigating the case. The motion by the Solictor General sought to disapprove the deal that Garcia entered with the Office of the Ombudsman, and the Office of the Special Prosecutor.
The Sandiganbayan is a special court created by the 1973 Constitution that has jurisdiction over criminal and civil cases involving graft and corruption in government.
According to the decision, the plea bargain allowed General Garcia to withdraw his “Not Guilty,” plea, which he entered in Criminal Case No. 28107. This is the case for Plunder. In exchange for this, General Garcia now enters a guilty plea to a lesser offense, which is Indirect Bribery under Article 211, paragraph 1 of the revised penal code. This offense, according to the decision is “necessarily included in Plunder, with admission of the facts constituting the lesser offense.”
Also included in the plea bargain is Garcia’s withdrawal of his “Guilty,” plea, which he gave in SB-09-CRM-0194, and entering a guilty plea to the lesser offense of “Facilitating Money Laundering,” under Section 4 (b) of R.A. No. 9160, which again, according to decision is included in the offense charged under Information for Money Laundering.
What this means, General Garcia shall transfer, convey, cede, surrender to the Philippines, his ownership, and all the rights and interests he has over PHP 135.4 million worth of properties, cash and stocks, including his Trump Tower property:
A. Province of Iloilo
1. TCT 178262, PHP9.7 million
2. TCT 170611, PHP591,360.00
3. TCT 170410, PHP456,610.00
1. TCT 177677, PHP65,372.80
2. TCT 14563, PHP100,000.00
1. TCT 91252, PHP3.081 million
2. TCT 14563, PHP100,000.00
1. TCT 72565, PHP1.4 million
2. TCT 72208, PHP1.4 million
E. New York, USA
1. Trump Park Avenue Condominium, US$ 765,000.00
F. Personal properties
1. 2003 Honda CRV Cr. No. 7123916 of LTO Iloilo, PHP976,000.00
2. 1993 Toyota Previa with Plate No. UDS 195 with Chassis No. JT3AC12R8P1117038, PHP521,797.00
3. 1997 Mitsubishi L300 van, Plate no. FDZ 582, CR. no. 36637091, PHP424,583.00
4. 1997 Honda Civic Plate No. FEC 134 with Chassis No. phso4 3b9946, Cr. No. 40076155 of LTO Iloilo, PHP564,000.00
5. 2001 Toyota RAV 4 with CR no. 61545497, PHP1.365 million
6. 1995 Toyota Coaster Bus with Plate No. CSK 605, PHP375,000.00
7. 1995 Isuzu Elf with plate no. CNY 179 with CR No. 54301814 of LTO Angeles City, PHP190,000.00
G. IJT Caregiver, Inc.
Ian Carl, 10,000 shares
Juan Paulo, 10,000 shares
H. Shares of stock in IJT Katamnan Corp.,
Ian Carl, 3,000 shares
I. Cash and Money in Banks (frozen/attached as of 15 October 2004)
1. Bank of the Philippine Islands, US$ 53,799.20, PHP 50,224.55
2. Banco de Oro, US$ 0.69, PHP2,725.10
3. Land Bank of the Philippines US$ 674,286.43, PHP 6,641,451.19
4. Planters Development Bank, PHP8,721.66
5. AFPSLAI, PHP 4.736 million
J. Cash in US Banks
1. Citibank Account No. 80606060, US$201,166.08 (at 56.412 per US$ = PHP11.4 million)
2. Citibank Account No. 500228358, US$44,354.86 (at 56.412 per US$ = PHP2.5 million)
Grand total amount that General Garcia and his family must return to the Philippines is PHP135,433,387.84.
This is Sandiganbayan’s Carlos Garcia Sandiganbayan plea bargain decision (PDF).
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