THE convicted army general who was released from prison by the Sandiganbayan via plea bargaining, is likely to go back to jail following the anti-graft body’s decision to junk what looks more like a lame excuse to avoid paying the P408-million fine required by the court.
In its 15-page resolution, Sandiganbayan’s Second Special Division rejected former Army General Carlos Garcia’s arguments for not paying the fine which forms part of the conditions for which he was allowed to get out of detention.
In dumping Garcia’s excuse, the anti-graft court maintained that the convict who has pending civil liabilities should pay the P407.8 million fine set by the court – P1.5 million representing the money laundering case and P406.3 million for the direct bribery.
Garcia previously insisted that he had nothing left to give after shelling out P135.4 million to cover the “restitution cost” under the plea-bargaining deal he had reached with the prosecution.
The former AFP Comptroller also argued that the fine was “oppressive, baseless and unconstitutional” as it was three times the value of a property that he had “voluntarily surrendered” to comply with the agreement.
He added that the criminal charges filed against him effectively forfeited his salaries, allowances and retirement benefits in the Armed Forces of the Philippines, hence “losing all his means to survive and earn money.”
However, Sandiganbayan ruled that Garcia’s claim of insolvency could not justify an “exception to the doctrine of immutability of judgments.”
“Clearly, the forfeiture of the properties occurred well before the finality of the decision [on his conviction],” reads part of the resolution penned by Associate Justice Geraldine Faith Econg, chair of the Special Division and concurred by Associate Justices Edgardo Caldona and Arthur Malabaguio.
The anti-graft court also warded off Garcia’s allegations which tend to depict Sandiganbayan ruling as oppressive or unconstitutional.
Convicted in July 2022, Garcia was sentenced to serve a prison term of four to eight years for money laundering, and four to six years for direct bribery. He was also found guilty of perjury, which added one to eight years.
Because of the law on good conduct time allowance (GCTA), he was credited 24 years, eight months and seven days as total time served and was released from the national penitentiary on Aug. 7, 2023.
Garcia gained prominence over the so-called “pabaon scandal” embarking on giving hefty cash gifts to retiring military generals during the incumbency of former President Gloria Macapagal-Arroyo. (ANGEL F. JOSE)
