This is an article repost.
MANILA, Philippines—Ombudsman Conchita Carpio-Morales has asked the Sandiganbayan to hold off further action on the plea bargain agreement between her predecessor, resigned Ombudsman Ma. Merceditas Gutierrez, and dismissed former military comptroller Carlos F. Garcia involving plunder and money laundering charges filed against him and his family.
In a four-page motion filed on Aug. 12, 2011, Morales told the Sandiganbayan’s second division that she is personally reviewing trial records of both cases against Garcia, his wife Clarita and sons Ian Carl, Juan Paulo and Timothy Mark.
She asked for 15 days to go over the evidence, hearing transcripts and pleadings.
The plea bargain deal, she told the graft court, is “complex and doubled-edged.”
“One of the challenging issues in the present case which commands her attention is the propriety or legality of the issue of the forging of the Plea Bargaining Agreement between the prosecution and the accused,” the new Ombudsman, who is also a retired Supreme Court associate justice, said in her motion.
Garcia was accused of amassing P303 million ill-gotten wealth while in active military service. His wife and children were implicated on allegations that they helped him conceal unexplained assets.
The deal allowed the former military officer and his family to evade prosecution for plunder and money laundering by letting him plead guilty to lesser offenses of direct bribery and facilitating money laundering.
He was released on bail on December 18, 2010. In exchange, Garcia surrendered P135 million assets.
The deal caused public uproar and triggered a Senate probe. It also fueled an impeachment move against Gutierrez, forcing her to quit.
The Aquino government, through the Office of the Solicitor General (OSG), tried to stop the deal but failed after the Sandiganbayan approved it last May 19.
The OSG filed its motion for reconsideration last May 24 asking the court to set aside its approval of the Garcia deal. It remains pending and is now subject of the motion to hold in abeyance filed by Morales.
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By: Newsbreak
Source: newsbreak.ph, Aug. 15, 2011
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