Senate panel finds Garcia plea bargain with Ombudsman ‘void’

While it has been approved by the Sandiganbayan, the plea bargain agreement between former military comptroller Carlos Garcia and government prosecutors was “void,” the Senate blue ribbon committee said on Wednesday.

Since it was void, the arraignment and bail posted by Garcia in connection with the P303-million plunder case against him should be nullified, the committee’s report on the matter said.

The committee, chaired by Sen. Teofisto Guingona III, declared its support for the Solicitor General’s move to intervene in the case, and pursue the plunder charges against the former military general.

The committee “stands by its findings that a betrayal of the public trust was committed when the plea bargain was entered into,” Guingona said.

The Sandiganbayan’s upholding of the agreement “does not change the committee’s findings on the case,” he added.

The Sandiganbayan on May 9 approved the plea bargain entered into by Garcia and the Ombudsman wherein the former general was to return P135 million to the government in exchange for having his plunder charge downgraded to indirect bribery.

Guingona said the plea bargain agreement was void because it lacked basis.

“The Office of the Special Prosecutor [under the Ombudsman] initially claimed that the evidence against Garcia was weak, but later it asserted that the evidence was strong,” he said.

The plea bargain, he said, did not provide for full restitution to the government of the P303 million Garcia is accused of taking, as provided for by the Sandiganbayan’s internal rules.

“It is worthy to note that in the plea bargain between the Ombudsman and Charlie “Atong” Ang, there was full restitution. In the case of Carlos Garcia, he was allowed to pocket P165 million in pabaon (send-off money),” Guingona said.

The prosecutors also forged the deal with Garcia without the consent of the Armed Forces of the Philippines and the Filipino people [as the aggrieved parties], the senator said.

The committee recommended the enactment of a plea bargain law to ensure that the proper offices and institutions “shall have direct participation in its entry and approval.”

“A plea bargain is not for the convenience of the accused but for the paramount public interest of justice. This morning, Mr. President, I myself filed Senate Bill No. 2871, the Plea Bargaining Act of 2011,” Guingona said, addressing Senate President Juan Ponce Enrile.