Report: Ex-general Garcia pleads guilty to lesser offenses

Former military comptroller Maj. Gen. Carlos Garcia has pleaded guilty to lesser offenses in two cases he's facing before the Sandiganbayan, a radio report said Thursday. According to radio dzBB, Garcia entered the guilty plea to direct bribery and Section 4-B of the Anti-Money Laundering Act before the Sandiganbayan's Second Division on Thursday. During his arraignment Garcia had pleaded not guilty to the charges of plunder and violation of Sec. 4-A of AMLA. Plunder is a non-bailable capital offense punishable by reclusion perpetua. Direct bribery, on the other hand, is punishable by six years to 12 years imprisonment under the Revised Penal Code. Under Section 4 of the AMLA, money laundering is described as "a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources." It is committed by the following: (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. (b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so. The penalty for violation of Section 4 (a) is imprisonment from seven 14 years and a fine of not less than P3 million but not more than twice the value of the monetary instrument or property involved in the offense. On the other hand, the penalty for violation of Section 4 (b) is imprisonment from four to seven years and a fine of not less than P1 million but not more than P3 million. 'Ill-gotten wealth' In 2003, Garcia was accused of amassing P303.27 million in ill-gotten wealth while in active service with the Armed Forces of the Philippines (AFP). His wife Clarita and sons Ian Carl, Timothy Mark and Juan Carlo are his co-accused in the two cases. Charges of violations of the AMLA were filed against the Garcias after graft investigators found out that they have a total deposit of P303.27 million and withdrawal of P73 million, and $967,215.99 in at least 10 banks, which the investigators said constituted "unlawful activity" punishable under Republic Act 9160 because the funds involved were proceeds of plunder. They also noted that in 2003, Garcia declared in his statement of assets, liabilities and net worth (SALN) a total asset of only P2.76 million. In December 2005, Garcia was convicted by a general court martial for having undeclared wealth. The court martial also dismissed him from the military and sentenced him to two years of hard labor. Garcia remains detained at the National Police Custodial Center in Camp Crame while his plunder case is being heard. On the other hand, the government is exerting efforts to have his wife and children extradited from the United States. The Garcias are also named defendants in two forfeiture cases ongoing trial at the anti-graft court’s Fourth Division. Garcia, a member of the Philippine Military Academy (PMA) batch 1971, has been acquitted of three perjury charges and convicted in one count, for which he received a short prison sentence that was mooted by his continuing detention. — KBK/RSJ, GMANews.TV