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Accused AFP general appeals for bail anew

By Edson C. Tandoc Jr.
Philippine Daily Inquirer
First Posted 00:04:00 02/09/2010

Filed Under: Graft & Corruption, Military

MANILA, Philippines—Former military comptroller Maj. Gen. Carlos Garcia is continuing his quest for temporary freedom by appealing the “no bail” ruling of the Sandiganbayan.

In a motion for reconsideration, Garcia argued that the antigraft court junked his petition for bail based on insufficient evidence.

“What is at stake is no less than a person’s liberty, the very foundation of law, justice and fairness,” Garcia said in his appeal. “In this light, accused most respectfully moves for reconsideration and for re-weighing of the evidence in favor of the grant of bail to the accused.”

Garcia, his wife and three sons are facing plunder charges for allegedly amassing more than P303 million in ill-gotten wealth. He has maintained his innocence.

The retired general is detained at the Philippine National Police Custodial Center in Camp Crame, Quezon City, while his wife and sons remain in the United States pending extradition proceedings after they posted bail following their arrest in different states last year.

Last month, the Sandiganbayan Second Division denied Garcia’s three-year-old petition for bail, saying that there was strong evidence against him.

But in his appeal, Garcia said the court had excluded from its summary of evidence “facts, circumstances and pieces of evidence negating the commission of the offense.”

He said the court also did not consider testimonies that some P200 million in question had been fully accounted for.

He also said that his wife’s sworn statements were inadmissible as they were signed without the presence of her lawyer. “They are invalid under US laws and, consequently, cannot be valid under Philippine jurisdiction,” he said.



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 This material may not be published, broadcast, rewritten or redistributed.



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