Ex-Gen. Garcia's family loses bid to stop court proceedings on P345-M forfeiture cases

The Sandiganbayan has denied the bid of the family of former military comptroller Major General Carlos Garcia to suspend court proceedings on two forfeiture cases against them due to lack of merit.

In a motion lodged by Garcia’s wife Clarita and their children Ian Carl, Juan Paolo and Timothy Mark, they asked the court to suspend the proceedings pending the final judgment on the plunder and money laundering case they are also facing.

In a 10-page ruling, the anti-graft court said while General Garcia intends to apply his plea bargain agreement in the P303-million plunder and money laundering case in the two forfeiture cases, the court proceedings on civil cases cannot be stopped under the doctrine of prejudicial question.

The doctrine refers to a situation where an issue must be preemptively resolved in the civil case before the criminal question can proceed when civil and criminal actions are pending and the issues involved in both cases are similar or so closely related, as provided by the Supreme Court ruling on Domingo vs. Spouses Singson.

“Having established the close connection of the issues in the present cases with Criminal Case No. 28107, the Court finds and so rules that it is the proceedings of the criminal case before the Sandiganbayan’s Special Second Division which should instead be suspended rather than the present civil forfeiture proceedings,” the Sandiganbayan said.

“Wherefore, premises considered, respondents’ Motion to Suspend Proceedings dated February 13, 2020 is hereby denied,” it added.

The forfeiture case against the Garcia family under Civil Case 0193 is worth P143 million, while the other forfeiture case under Civil Case No. 0196 is worth P202 million.

The properties covered by these forfeiture cases include:

• investment in AFPSLAI and interest derived therefrom
• real properties in New York and Ohio, United States,
• foreign currency placements

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• foreign currency deposit in BPI, BDO and Landbank
• peso deposit in BPI, BDO and Landbank
• amounts previously withdrawn from BPI, Planters Development Bank, UCPB and AFPSLAI
• funds in the Philippine Army Finance Center
• real properties in Iloilo, Baguio City, Batangas, Guimaras and Quezon City
• shares of stock in IJT Katamnan Corporation and
• eight vehicles including Toyota Previa, Toyota Truck bus, Isuzu Elf, Mitsubishi L300, Honda Civic, Toyota Hilux, Toyota Rav4 and Honda CRV

Under the abovementioned plea bargaining agreement, General Garcia pleaded guilty to the lesser offense of indirect bribery and money-laundering and agreed to return P135.4 million worth of properties.

This plea bargain deal enabled Garcia to post bail and be released from detention in December 2010.

Garcia was detained in October 2004 on perjury and plunder charges for allegedly acquiring some P302 million in ill-gotten wealth while he was comptroller of the Armed Forces of the Philippines (AFP).

His wife and children were named co-defendants for allegedly helping him conceal the illegally acquired assets. —KBK, GMA News