Tuesday, September 05, 2006
High court tells anti-graft tribunal to go on with seizure of general assets
THE Supreme Court (SC) on Monday dealt retired Armed Forces comptroller Carlos Garcia another setback after it ordered the Sandiganbayan to continue with the forfeiture proceedings involving the former military officer's the alleged P143 million unexplained wealth.
In an en banc resolution, Associate Justice Dante Tinga affirmed the Jan. 20, 2005 resolution of the anti-graft court denying the motion to dismiss the case filed by Garcia and declaring him and his family in default for their failure to file an answer to the forfeiture case within the required period.
"The Sandiganbayan's resolution stands and remains in full force and effect. Thus the filing of the motion to dismiss could not and did not interrupt the running of the period to file an answer. For failing to answer within the time allowed, Garcia was properly declared in default upon the motion of the Republic," the SC ruled.
The petition for forfeiture of unlawfully acquired property filed against Garcia and his family before the Sandiganbayan spawned two petitions for certiorari involving two questions of law, both of which the SC denied in favor of the anti-graft court.
The high court gave merit to the Sandiganbayan's findings that that the motion to dismiss "suffers from a fatal procedural defect" as it does not comply with the 10-day period notice of hearing provided for under Section 5, Rule 15 of the Rules of Court.
In dismissing Garcia's arguments, the SC said the Sandiganbayan did not err when it declared petitioner in default since he failed to refute the fact that the motion to dismiss was scheduled for hearing on Dec. 3, 2004 or three days beyond the 10-day period in Section 5, Rule 15.
It said Garcia failed to refute the fact that the motion to dismiss was scheduled for hearing on Dec. 3, 2004 or three days beyond the 10-day period in Section 5, Rule 15.
"For failing to answer within the time allowed, Garcia was properly declared in default. Thus, the motion is a mere scrap of paper which does not toll the running of the prescriptive period to file an answer and is not entitled to judicial cognizance," the SC said.
Garcia has been accused of amassing unexplained assets, including real properties and bank deposits here and in the United States, amounting to P143 million.
Earlier, court martial proceedings in the Armed Forces of the Philippines (AFP) has found Garcia guilty of graft charges and sentenced him to two years of hard labor. (ECV/Sunnex)
(September 5, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
