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ENetwork Headline
Ex-military comptroller convicted of graft

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Saturday, December 03, 2005
Ex-military comptroller convicted of graft
By Jonathan F. Fernandez

MANILA -- The military's court martial on Friday found former Armed Forces of the Philippines (AFP) comptroller Carlos Garcia guilty of misdeclaring his statement of assets and liabilities (SAL) for 2002 and 2003 and having dual citizenship while in service.

But Captain Candy Rivas, spokesperson for the AFP General Court Martial, said the ruling is not yet final and executory as it has to be approved by AFP Chief of Staff Generoso Senga.

Rivas said the camp of Garcia could still appeal to the AFP chief the court's verdict ordering the former military general's dishonorable dismissal from the service, forfeiture of all his benefits, and hard labor for two years.

On the other hand, she said, the prosecution failed to prove to the court that Garcia had millions of pesos deposited in six banks here and abroad and several luxury vehicles.

Garcia is the first military general to be convicted by the AFP court martial.

He would be temporarily detained at Camp Crame in Quezon City while waiting for the decision of the AFP chief.

The former military comptroller was charged with violation of Articles of War 96 (conduct unbecoming an officer and a gentleman) and 97 (conduct prejudicial to good order and military discipline) before the military court.

The charges stemmed from Garcia's misrepresentation of his SAL for 2002 and 2003 and non-declaration of his permanent resident status in the US.

He is also facing a plunder charge and four counts of perjury before the Sandiganbayan.

In Malacañang, Press Secretary Ignacio Bunye, who is the presidential spokesman, said, "The guilty verdict sends a strong signal that any misconduct in the military will not be countenanced."

Maricel Capa, one of Garcia's lawyers, criticized the military court headed by Lieutenant General Emmanuel Teodosio for rendering such a decision.

Capa described the proceedings as "trial by publicity" of Garcia because the media and the public monitored the case since the start of the hearing.

She said the court might have based its decision on "what the people think, not on what the rules state."

Nevertheless, she said they respect the military court's decision as well as its procedures in trying the case against any soldier as they vowed to appeal Garcia's case before the AFP chief.

Early Friday morning, Garcia's private lawyer Constantino de Jesus tried to prevent the military court from issuing the verdict by questioning the jurisdiction of the court martial over his client, who is no longer a member of the military.

De Jesus also cited several technicalities of the charges against his client, but the court martial did not consider his arguments. (With a report from JMR/Sunnex)

(December 3, 2005 issue)
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