MANILA, Philippines—The Office of the Solicitor General (OSG) has asked the Sandiganbayan 2nd Division to suspend proceedings on the cases involving the recently approved plea bargain on the plunder case against former military comptroller Carlos Garcia.
The OSG told the anti-graft court it would be filing a consolidated motion for reconsideration on three court resolutions: the approval of the plea bargain, denial of the OSG’s motion for reconsideration, and denial of a motion for Presiding Justice Edilberto Sandoval be inhibited from the case.
The 2nd Division is expected to schedule Garcia’s sentencing and the promulgation of the government’s P303-million plunder case against him following the approval of the controversial plea bargain agreement.
Under the terms of the plea bargain, Garcia pleaded guilty to the lesser charges of direct bribery and facilitating money laundering and turned over to the government P135.433 million in assets.
The OSG earlier sought to intervene in the case so that it could contest the plea bargain, which it described as being disadvantageous to the government. It said that the plea bargain agreement was designed to favor Garcia and was not done in accordance with proper procedures. Its plea was denied.
Other critics of the deal also said it would derail efforts to fight corruption and would send the message that the big fish involved in corrupt practices could get away with it.
The OSG had also sought Sandoval’s inhibition from the case since his son is a member of the Ombudsman’s special prosecutor’s office. Sandoval’s son is, however, not involved in the Garcia case.
In denying the OSG’s motion to intervene, the anti-graft court said that it had no standing to intervene in the case because the authority to prosecute cases before the Sandiganbayan lay with the Office of the Ombudsman.
It also said that despite the strong public opinion against the plea bargain, the court has to base its decision on facts. In this case, there was weak evidence against Garcia and this would have led to his acquittal without the plea bargain, it said.
The Sandiganbayan also said that it approved the plea bargain because Garcia had already complied with its provisions, and the court’s concerns about protecting the interests of government had already been addressed.