Sandiganbayan affirms fines vs ex-AFP comptroller Carlos Garcia

Former-AFP-Comptroller-Carlos-Garcia

MANILA, Philippines — The Sandiganbayan has affirmed the imposition of fines on former Armed Forces of the Philippines (AFP) comptroller retired Major General Carlos Garcia amounting to P406.3 million for plunder and P1.5 million for direct bribery.

In a resolution dated September 19, the antigraft court’s Second Division denied Garcia’s motion for partial reconsideration of the imposition of fines for “lack of merit.”

READ: Sandigan: Former AFP comptroller Carlos Garcia guilty of direct bribery

In 2022, the Sandiganbayan found Garcia guilty of direct bribery and facilitating money laundering.

In 2005 and 2009, the former AFP official was charged with plunder and money laundering for conniving and conspiring.

Garcia argued that “it was an error for the court to further impose the penalty of three times the P135,433,387.84 amount he surrendered to the Philippine government under a plea bargaining agreement. He also claimed that the imposition of the fines “violates the essence” of the plea bargain deal.

Moreover, Garcia “cites the presence of two mitigating circumstances supposedly present in his favor, namely his voluntary surrender and his plea of guilt.”

However, the anti-graft court pointed out in the resolution that Garcia “does not substantiate his claim of voluntary surrender.”

“The arguments presented by accused Garcia in his motion, particularly on the nature of the surrendered properties worth P135,433,387.84, are a mere rehash of the arguments he previously posited in his Motion for Reconsideration dated July 18, 2020 and his Opposition to Plaintiff’s Motion for Execution dated February 7, 2024, which have all been carefully considered and passed upon by this court in the Resolution dated September 7, 2022 and the Resolution dated July 30, 2024, respectively,” the resolution reads.

Moreover, the court said the plea bargain deal “contains an admission, in plain language, that the properties were alleged to be proceeds of crimes in the information in these cases. This admission, signed by accused Garcia himself, trumps his claim that the properties were surrendered by way of penalty.”

Based on reports, Garcia and co-accused members of his family allegedly amassed P303.2 million worth of ill-gotten wealth in the form of funds, landholdings, and other real and personal properties.”