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SC stops forfeiture cases vs Garcias

By Norman Bordadora
Philippine Daily Inquirer
First Posted 03:31:00 10/31/2009

Filed Under: Graft & Corruption

MANILA, Philippines - The Supreme Court has stopped the Sandiganbayan from proceeding with the forfeiture cases the Office of the Ombudsman filed against the wife and children of retired general Carlos Garcia.

In a 16-page decision, the Supreme Court’s third division said the anti-graft court failed to acquire jurisdiction over Garcia’s wife Clarita and sons Ian Carl, Juan Paulo and Timothy Mark due to the improper service summons against them.

The summons, in connection with the ill-gotten wealth case against the general, was served on Garcia instead of on his wife and children.

“It is apparent that no valid substituted service of summons was made on petitioner and her children, as the service made through Maj. Gen. Garcia did not comply…with the requirements for a valid substituted service of summons,” the Supreme Court said.

“Hence, no valid substituted service of summons was made,” the court said.

The Supreme Court said the summons against Clarita and her children that were personally served on Garcia failed to comply with the requirements laid down by the court in an earlier case, Manotoc v. Court of Appeals.

For the Sandiganbayan to have jurisdiction and for the case against Clarita and the children to proceed, a new set of summons must be served on them.

The Supreme Court said the Sandiganbayan sheriff failed to comply with all the requirements for a valid service of substituted summons.

The two pending forfeiture cases against the Garcia involve assets worth over P143 million and more than P200 million.



Copyright 2010 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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