A retired Army general who was convicted of direct bribery and facilitating money laundering was ordered by the Sandiganbayan to pay over P406.3 million worth in fines.
The antigraft court in a resolution dated July 30, but released only this week, said that while retired Ma. Gen. Carlos F. Garcia already served his principal jail sentence and was released in August 2023, he has yet to settle the fine imposed on him after he pleaded guilty to lesser offenses under a 2011 plea bargaining agreement.
Garcia was initially charged with plunder, which carries a punishment of life imprisonment or 20 to 40 years in jail.
In its decision, the Sandiganbayan said since Garcia pleaded guilty to the crime of direct bribery, it is duty-bound to impose the penalty for facilitating money laundering which, in this case, is imprisonment and a fine that is “not less than three times the value of the gift.”
The anti-graft court said that the “gift” referred to in Article 210 of the Revised Penal Code is equivalent to the amount ceded to the government by way of compensation.
Garcia had earlier surrendered P135,433,387.84 million to the government as “the former military official’s compensation to the state for his criminal acts and an admission of civil liability arising from the commission of a crime.”
“Thus, the imposition of a fine of P406,300,162.00 in Criminal Case 28107 was made in accordance with law and cannot be characterized as oppressive or unconstitutional,” the court added.
Garcia, in his defense, said making him pay such fines is “unfair” as all of his pay, allowances, and retirement benefits from his time in the Armed Forces of the Philippines were also forfeited as a result of a Court Martial case, and that his means to survive and earn money were lost.
He said the only properties he has left are some personal items and the family home, which is exempt from execution under the Family Code. He added his daily needs such as clothing, and other provisions has come from his friends and family.
The Sandiganbayan, however, dismissed Garcia’s arguments by citing that the former military official’s assets were already forfeited before the plea bargaining deal was submitted in March 2010 and approved by the anti-graft court in May 2011.
