Identifier
Created
Classification
Origin
06MANILA2172
2006-05-24 06:43:00
UNCLASSIFIED
Embassy Manila
Cable title:
COURT ACQUITS GENERAL GARCIA OF PERJURY; PLUNDER
how-toVZCZCXRO5270 OO RUEHCHI RUEHDT RUEHHM DE RUEHML #2172 1440643 ZNR UUUUU ZZH O 240643Z MAY 06 FM AMEMBASSY MANILA TO RUEHC/SECSTATE WASHDC IMMEDIATE 1124 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE RUEAIIA/CIA WASHDC IMMEDIATE RHEHNSC/NSC WASHDC IMMEDIATE
UNCLAS MANILA 002172
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PGOV ECON KCOR SOCI RP
SUBJECT: COURT ACQUITS GENERAL GARCIA OF PERJURY; PLUNDER
CASE TO CONTINUE
REF: A. MANILA 1865
B. MANILA 1726
C. 05 MANILA 5647
D. 05 MANILA 2712
UNCLAS MANILA 002172
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PGOV ECON KCOR SOCI RP
SUBJECT: COURT ACQUITS GENERAL GARCIA OF PERJURY; PLUNDER
CASE TO CONTINUE
REF: A. MANILA 1865
B. MANILA 1726
C. 05 MANILA 5647
D. 05 MANILA 2712
1. (U) On May 22, the third division of the Sandiganbayan
(anti-graft court) acquitted retired Major General Carlos
Garcia of one count of perjury. The charges stemmed from
Garcia's failure to disclose three motor vehicles on his
mandatory Statement of Assets, Liability and Net worth
(SALN). Defense attorneys argued that Armed Forces of the
Philippines (AFP) rules did not require Garcia to disclose
the vehicles because they were registered in his wife's name.
As such, the omission did not constitute a willful
misrepresentation. The defense hailed the decision, saying
it was "unexpected" considering negative media reports on
Garcia.
2. (U) Special Prosecutor Dennis Villa-Ignacio pledged to
file a motion for reconsideration and said he was willing to
elevate the case to the Supreme Court if needed.
Villa-Ignacio called the decision a setback to government
efforts to prosecute Garcia, the highest military official to
face plunder charges. Chief military prosecutor Col. Al
Perreras said, however, he does not believe the acquittal in
the perjury case will have any bearing on the more serious
plunder case before the Sandiganbayan.
3. (U) In addition to three other perjury charges pending
before the first, second and fourth divisions of the
anti-graft court, Garcia faces charges of plunder for
stealing millions while he was AFP Comptroller (see ref B).
The pre-trial phase of the plunder case is set to begin on
May 25. Garcia was convicted in a court martial earlier this
year on corruption charges and has been serving a two-year
sentence at the PNP Custodial Center since October 18, 2004
(which includes time served while awaiting trial) - see Ref A.
Visit Embassy Manila's Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
You can also access this site through the State Department's
Classified SIPRNET website:
http://www.state.sgov.gov/
Kenney
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PGOV ECON KCOR SOCI RP
SUBJECT: COURT ACQUITS GENERAL GARCIA OF PERJURY; PLUNDER
CASE TO CONTINUE
REF: A. MANILA 1865
B. MANILA 1726
C. 05 MANILA 5647
D. 05 MANILA 2712
1. (U) On May 22, the third division of the Sandiganbayan
(anti-graft court) acquitted retired Major General Carlos
Garcia of one count of perjury. The charges stemmed from
Garcia's failure to disclose three motor vehicles on his
mandatory Statement of Assets, Liability and Net worth
(SALN). Defense attorneys argued that Armed Forces of the
Philippines (AFP) rules did not require Garcia to disclose
the vehicles because they were registered in his wife's name.
As such, the omission did not constitute a willful
misrepresentation. The defense hailed the decision, saying
it was "unexpected" considering negative media reports on
Garcia.
2. (U) Special Prosecutor Dennis Villa-Ignacio pledged to
file a motion for reconsideration and said he was willing to
elevate the case to the Supreme Court if needed.
Villa-Ignacio called the decision a setback to government
efforts to prosecute Garcia, the highest military official to
face plunder charges. Chief military prosecutor Col. Al
Perreras said, however, he does not believe the acquittal in
the perjury case will have any bearing on the more serious
plunder case before the Sandiganbayan.
3. (U) In addition to three other perjury charges pending
before the first, second and fourth divisions of the
anti-graft court, Garcia faces charges of plunder for
stealing millions while he was AFP Comptroller (see ref B).
The pre-trial phase of the plunder case is set to begin on
May 25. Garcia was convicted in a court martial earlier this
year on corruption charges and has been serving a two-year
sentence at the PNP Custodial Center since October 18, 2004
(which includes time served while awaiting trial) - see Ref A.
Visit Embassy Manila's Classified SIPRNET website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
You can also access this site through the State Department's
Classified SIPRNET website:
http://www.state.sgov.gov/
Kenney