Wednesday, January 5, 2011

Gov't questions Garcia plea bargain

MANILA, Philippines (AP) — The Philippine government's chief lawyer filed an urgent motion today with an anti-graft court asking it to void a plea bargain agreement between state prosecutors and a former senior general accused of plunder.

Under the deal, former Maj. Gen. Carlos Garcia, who was accused of amassing P303 million while serving as armed forces comptroller, pleaded guilty to a lesser offense. Plunder is punishable by up to 40 years, while the lesser offense has a minimum of six years.

He was freed by the court on Dec. 16 after he posted bail, pending sentencing. Officials say that the time Garcia served while awaiting trial will likely cover any sentence.

Solicitor General Joel Cadiz said the anti-graft court ignored strong evidence against the ex-military officer when it approved the deal in May.

Corruption is an explosive issue in the 120,000-strong military and has sparked several rebellions by disgruntled troops in recent years. Soldiers have been struggling with a dearth of weapons and equipment while dealing with communist and Muslim insurgencies and terror threats.

As the gatekeeper of the military's funds, Garcia handled the military budget and procurement as well as funds from the United Nations for Filipino troops serving as peacekeepers in troubled areas and money for joint exercises with US troops, said President Aquino spokeswoman Abigail Valte.

Cadiz said his office normally is not involved in trials before the anti-graft court, so he filed a motion asking the court "to allow us to come in and stop the plea bargaining agreement."

He noted that it was irregular for the agreement to be approved without notice to the offended party — the military.

Allegations of Garcia's illicit assets became known in 2003 after US Customs informed the Philippines that his sons had been caught trying to enter the United States with $100,000 in undeclared funds. (report from Philstar.com)