Graft court clears former AFP
comptroller Garcia of perjury

The Sandiganbayan on Monday acquitted of perjury retired Maj. Gen. Carlos Garcia, the controversial former armed forces comptroller, finding him not guilty of falsely declaring his net worth, GMANews.TV learned. The Sandiganbayan third division acquitted Garcia after prosecutors failed to establish the former AFP comptroller’s guilt beyond reasonable doubt. Garcia, who was tasked with overseeing the military's finances in his former post, was questioned over alleged inaccuracies in his statement of assests, liabilities and net worth (SALN). His case is being closely watched because it has come to represent alleged corruption in the military, which has been frequently assailed by disgruntled military elements. While acknowledging that there was indeed a misrepresentation in Garcia’s 1999 SALN, the court said the was no evidence to prove the prosecution’s allegation that it was a ‘willful and deliberate falsehood’ on the part of the defendant. “Garcia’s knowledge of the false entry on the subject SALN was not present. Moreover, the prosecution failed to present any evidence to prove that the accused willfully and deliberately asserted the falsehood," the court said. Garcia is still facing three counts of perjury in other divisions of the Sandiganbayan, in connection with his SALN for the years 1997, 1998 and 2000. The 24-page Decision penned by Associate Justice Norberto Geraldez. Associate Justices Godofredo Legaspi and Efren dela Cruz concurred. VEHICLES Prosecutors accused Garcia of lying in his 1999 SALN when he declared ownership of only P870,000 worth of motor vehicles. During the 18-month trial, they produced testimonies and documentary evidence that he left out three cars with a combined value of P1.51 million including a Toyota Previa worth P521,797; and a Mitsubishi L-300 Van De Luxe worth P425,583 and a Honda Civic valued at P564,000, both registered under the name of his wife, Clarita. The court, however, noted that there was nothing in the AFP-SALN form, specifically Item No. 1 (assets), which required Garcia to include the personal properties registered in the name of his wife, only her separate ‘income’. Garcia was convicted of graft and illegal possession of dual citizenship in a court martial on Dec. 2, 2005. Defense lawyer, Maricel Capa, said the retired Army general was very happy about the decision. OTHER CASES The Ombudsman had also filed a P303-million plunder case and two forfeiture cases against him, his wife and children, Ian Carl, Juan Paulo and Timothy Mark. Both the prosecution and the defense expressed surprise about the verdict. “He was not expecting it because we know how people look at him and how he was painted in the media," said. Special Prosecutor Dennis Villa-Ignacio said they are disappointed but are ready to file an appeal. “In a way it is a setback. We were actually very much confident to get a conviction. We were confident that we established the guilt of (Garcia)," he said. DISCOVERED Garcia’s alleged ill-gotten wealth was discovered in October 2004, about 11 months after his son, Juan Paulo, was caught while trying to smuggle $100,000 to the United States. The Garcias were accused of moving a total of $193,400 to the US. Garcia, his wife and children pleaded not guilty to a separate P303-million plunder case the Ombudsman filed before the Sandiganbayan. The anti-graft court’s second division also canceled Garcia's bail bond and ordered the lifting of his hold departure order. Special prosecutor Dennis Villa-Ignacio, however, remained confident they can still ensure Garcia's conviction since state lawyers will elevate the case to the Supreme Court. Villa-Ignacio also insisted the prosecution has enough evidence to secure Garcia's conviction. Investigation by the Ombudsman had also earlier found he did not declare in his SALN from 1993 to 2003 the properties he owned in Ohio and New York in the United States. Garcia, 57, belongs to Philippine Military Academy (PMA) Class of 1971, which also includes Sen. and former police chief Panfilo "Ping" Lacson, fugitive former Sen. and Army colonel Gregorio "Gringo" Honasan, and, presently the highest ranking active officer from that class, and retired AFP Vice Chief of Staff Vice Adm. Ariston de los Reyes.-GMANews.TV (See next page: Timeline of Gen. Garcia’s case) TIMELINE OF GEN. GARCIA’s CASE (GMANews Research) December 19, 2003: Then Armed Forces of the Philippines (AFP) comptroller Maj. Gen. Carlos Garcia’s son, Juan Paulo, is arrested by US Customs at the San Francisco airport for failing to declare he brought with him $100,000 in cash. January 12, 2004: Garcia explains to the Fines, Penalties and Forfeiture Office that the amount came from "savings, honoraria, and dividends from savings" made through the years. He said the money was intended as initial downpayment for a condo unit of his son in New York. March 2004: Garcia is transferred by the AFP to J-5 as deputy chief of staff for plans and programs. July 15, 2004: Col. Ricardo "Dick" Morales writes AFP Chief of Staff Gen. Narciso Abaya to ask him if he had initiated probe of Garcia. August 2, 2004: Garcia explains in a letter to Abaya that the money was intended to pay for his wife's medical check up and the medication of his eldest son. September 14, 2004: Ombudsman Simeon Marcelo gets transmittal from US Customs about Garcia's dollars. September 20, 2004: Ombudsman subpoenas the AFP for Garcia's statements of assets, liabilities, and net worth and service records. September 21, 2004: The AFP Office of Ethical Standards and Public Accountability (OESPA) submits Garcia's records. September 2004: Ombudsman finds prima facie case against Garcia, orders AFP to suspend him for six months without pay. October 4, 2004: The AFP holds a press conference announcing the Ombudsman is investigating Garcia. October 11, 2004: House conducts hearing on Garcia, who failed to attend because he was confined at the University of Sto. Tomas Hospital. October 12, 2004: AFP announces court martial proceedings against Garcia for alleged violation of Articles of War 95 (Fraud against the Government), 96 (Conduct unbecoming of an Officer and a Gentleman), and 97 (Disorders and Neglects to the Prejudice of Good Order and Military Discipline) for being a green card holder. October 16, 2004: Garcia is brought back to his quarters inside Camp Aguinaldo. October 18, 2004: Garcia repeatedly answers "I invoke my right against self incrimination" during a House hearing. November 5, 2004: The Office of the Ombudsman files perjury charges against Garcia for his failure to truthfully declare in his SALN for the years 1997-2000 the total of his assets acquired during his employment in the government, including various vehicles and deposits at the Armed Forces and Police Savings and Loan Association, Inc. November 18, 2004: Garcia retires from service. May 2005: Garcia appeared before the Sandiganbayan after a warrant of arrest was issued against him. He was later transferred to Camp Crame. December 2, 2005: The general court martial convicted Garcia of undeclared wealth, dishonorably dismissed him from the military and sentenced him to two years of hard labor. May 22, 2006: Garcia is acquitted of perjury. He still faces three other counts of perjury.-GMANews.TV