SC upholds Garcia’s arrestBy Jerome Aning
Philippine Daily Inquirer
MANILA, Philippines—The Supreme Court (SC) has affirmed the arrest of former military comptroller and retired general Carlos Garcia last year for failure to disclose all his wealth in his statement of assets and liabilities and net worth (SALN) for 2002 and 2003.
In a 28-page decision dated July 30 but issued on Friday, the high court’s Third Division junked Garcia’s certiorari petition questioning the validity of the confirmation of sentence signed by President Aquino on Sept. 9, 2011 which affirmed Garcia’s conviction by a court martial in 2005 for violation of the Articles of War.
“This court finds that the Office of the President did not commit any grave abuse of discretion in issuing the confirmation of sentence in question,” the court said in a decision penned by Justice Diosdado Peralta.
Justices Presibitero Velasco Jr., Roberto Abad, Ma. Lourdes Sereno and Estela Perlas Bernabe concurred in the decision.
Garcia is currently serving a two-year jail term at the New Bilibid Prison in Muntinlupa City.
The justices dismissed Garcia’s contention that the court martial ceased to have jurisdiction over him when he retired.
In a 62-page petition for certiorari filed on Sept. 30 last year, Garcia argued that his arrest and detention was “a case of illegal confinement or detention.”
Garcia was found guilty by court martial in December 2005 for wrongfully declaring all his existing assets in his SALNs for 2002 and 2003, and being an United States immigrant while serving the Philippine military.