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Friday, April 28, 2006
Military chief affirms ex-general's conviction
ARMED Forces of the Philippines Chief of Staff Generoso Senga has approved a military court's earlier sentence on former military comptroller Carlos Garcia, including a two-year confinement with hard labor and dishonorable discharge from the service.
In a press briefing, Armed Forces Spokesman Jose Angel Honrado said Senga approved the court's ruling, which also provides the forfeiture of pay and allowance due and to become due to Garcia, on Wednesday.
AFP Judge Advocate General Office (Jago) Chief Caridad Aguilar said the verdict would become final and executory upon approval by President Gloria Macapagal-Arroyo, who is the military's Commander-in-Chief.
A military court headed by now retired general Emmanuel Teodosio handed the verdict on Garcia last December 2, 2005. Garcia supposedly amassed huge amount of unexplained wealth while he was the military comptroller.
The court convicted Garcia of charges of violation of the Articles of War 96 or conduct unbecoming of an officer and a gentleman and 97 or conduct prejudicial to good order and military discipline. Garcia was charged with the offenses for not declaring his true net worth in his Statement of Assets and Liabilities (SAL) and bank deposits and assets and for acquiring a permanent resident visa from the US.
Garcia, who is confined at the PNP Custodial Center in Camp Crame, is facing separate cases of plunder and perjury before the Sandiganbayan, which has also ordered Garcia's arrest. He has pleaded not guilty to the charges.
Honrado said Senga has designated the PNP Custodial Center as the place of Garcia's confinement once the order becomes final. The police jail was actually first designated by the Sandiganbayan as Garcia's detention cell.
He said Garcia would be fully serving the sentence on October 18 this year with or without the approval of the sentence from President Arroyo.
Garcia was investigated and confined by the military on Oct. 18, 2004.
He also said that Senga has designated the Intelligence Service of the Armed Forces as Garcia's place of confinement if and when the Sandiganbayan orders his release. "He will be confined thereat until the sentence is fully served," he said.
"He (Garcia) has served partial of the sentence and he will fully serve his sentence on October 18 because he was confined previously," said Honrado of Garcia, who reached the mandatory retirement age of 56 in November 2004.
Aguilar said Senga's order is not yet final, noting that the decision will now go to the Jago for an "appellate review" and later forwarded to President Arroyo for approval.
"When the President has approved the sentence, that will be the time that the sentence will be executed. It will be only fully executed once it is approved by the President so the hard labor probably will take place after the sentence has been finally approved by the President," she said.
If in case President Arroyo does not approve the court's verdict, Aguilar said: "Garcia will be released from confinement in so far as the AFP is concerned."
"But considering that he (Garcia) has a pending case before the Sandiganbayan, he cannot still be freed there (from detention) but that depends on the anti-graft court if they would grant him the bail," added Aguilar. (VR/Sunnex)
(April 28, 2006 issue)
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