MANILA, Philippines—The government is appealing the recent dismissal of perjury charges against retired Maj. Gen. Carlos Garcia, the former military comptroller who is alleged to have amassed P303 million in ill-gotten assets.

State prosecutors argued that there was enough evidence to show that Garcia, who was acquitted of a third perjury charge last June 18, deliberately misdeclared his assets.

In a motion for reconsideration filed with the Sandiganbayan antigraft court, the prosecutors also said Justice Norberto Geraldez should have inhibited himself from the case.

The 1st Division acquitted Garcia of perjury charges, saying the prosecution had failed to prove that Garcia had willfully and deliberately misstated in his 1997 statement of assets, liabilities and net worth that his cars were worth only P870,000.

The court ruled that the misdeclaration was done “in good faith,” as Garcia did not know he also had to declare the two cars registered under the name of his wife, Clarita, as among his personal properties.

In the motion, Assistant Prosecutor Maria Janina Hidalgo said that it was the court and not Garcia which asserted the defense of good faith.

She noted that during the trial, Garcia “never claimed good faith.”

Since an “unlawful act is presumed to have been motivated by an unlawful intent,” the prosecution said Garcia should have presented evidence that he had did not deliberately exclude the two cars from his SALN.

“This was not done,” the prosecution said.

“Garcia, as a married individual who certified the veracity of his declarations could not in any sense be viewed as faultless in his failure to diligently perform the obligation required of him (by the law),” it said.

Prosecutors said Geraldez should inhibit himself in deciding the appeal, because when he was a member of the 3rd Division, he penned a May 22, 2006, decision which acquitted Garcia of another charge of perjury.

The government has so far lost three of four perjury cases against Garcia. It won one perjury case last February and is still prosecuting two forfeiture cases and a P303-million plunder case against the retired general and his family.