Friday, December 30, 2011

Ex-military comptroller in plunder rap now a lay minister in prison


Former military comptroller Carlos Garcia, who is accused of plundering P303 million in public funds in the Sandiganbayan antigraft court, sat quietly by the altar while Novaliches  Bishop Antonio Tobias, Fr. Anton Pascual and Fr. Bobby de la Cruz celebrated a Mass at the New Bilibid Prisons in Muntilupa City recently.
Later during the Mass organized by Caritas Manila, Garcia, a retired major general who was convicted by a military court and meted out a two-year sentence for violating Articles of  War 96 and 97, gave communion to his fellow inmates.
Garcia, now a lay minister, avoided conviction by a civilian court by entering into a plea bargain with the previous Ombudsman in which he offered to return to the state P135 million. But his court martial conviction in 2006, which was confirmed by President Benigno Aquino III five years later, eventually sent Garcia to the national penitentiary on September 16 this year.
Six weeks later, after undergoing a two-week study, Garcia was formally installed as a Eucharistic minister of the Roman Catholic church.
NBP chaplain Monsignor Bobby Olaguer said Garcia’s preparations included a study on the history of the Church, the liturgy and the catechism using a module from the Liturgical Commission of  the Archdiocese of Manila.
According to Olaguer, Garcia was also given “spiritual training by Jesuit priests.”
“General Garcia passed the screening for lay ministers,”  Olaguer said. “He attends all religious work.  He has shown respect for people, and he is respected by the inmates.”
In  fact, from the day he first wore the required orange uniform for inmates, Garcia became a regular fixture at the NBP chapel.
“He attends Mass daily at 9 a.m. He goes to church in the afternoon. He prays the rosary. His daily schedule revolves around cell, church and hospital,” Olaguer said.
Garcia was qualified to be a lay minister after he was “recommended” by inmates, Olaguer said.
There’s  a limit to what Garcia can do as a lay minister, Olaguer said. “We would have wanted him to be a lector,  but he has refused. He said he was shy,” Olaguer added.
A court-martial found Garcia guilty of  “conduct unbecoming an officer and gentleman for failing to disclose or declare all his assets in 2002 and 2003 and for holding the status of an immigrant or permanent resident of the United States,” a violation under Article of War 96.
He was also found guilty of “conduct prejudicial to good order and military discipline for making untruthful statements under oath about his true assets in his 2002 and 2003 SALN,” a violation of Article of War 97.
Malacañang has called for a review of the plea bargain Garcia entered into with the previous Ombudsman.
The current Ombudsman, Conchita Carpio-Morales, in September submitted a position paper to the Sandiganbayan seeking a recall of the plea bargain Garcia and the government had entered into.
The Sandiganbayan has yet to respond to Carpio-Morales.
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2:28 am | Friday, December 30th, 2011

Thursday, December 29, 2011

DOJ: Is Army lawyering for Palparan?


The Department of Justice (DOJ) on Wednesday criticized the transfer from a city jail to a military camp of Maj. Gen. Jovito Palparan's two co-accused in the alleged kidnapping of two student activists in 2006.
 
Assistant State Prosecutor Juan Pedro Navera said he could not understand why Lt. Col. Felipe Anotado and S/Sgt Edgardo Osorio had to be in the custody of the military at the Army headquarters in Taguig City.
 
The two were transferred from the city jail in Malolos, Bulacan after securing permission from the judge hearing their case. The two claimed that they did not feel safe inside the city jail.
 
"The accused have their own lawyers. The DOJ is hoping the Army is not lawyering for them," said Navera, who headed the investigating panel that recommended kidnapping and serious illegal detention charges against Palparan, Anotado, Osorio, and a fourth suspect - M/Sgt. Rizal Hilario.
 
GMA News Online tried to reach military spokesman Col. Arnulfo Burgos Jr. for comment but he was not answering the phone as of posting time.

No copies of court order?
 
Navera claimed that the DOJ was not furnished copies of the court order allowing the transfer.
 
"We will inquire first why we have not received any notice and the order directing the transfer to the Army custody and why the Army itself did not inform the DOJ," he said.
 
While he acknowledged the two soldiers' security concerns, Navera said: "We have to strike a balance between the need to avoid any special treatment for the accused with the issue of their personal security while in detention."
 
According to Navera, the two soldiers' transfer did not sit well with Justice Secretary Leila de Lima.
 
"They should be detained in a civilian facility such as, for example, the Philippine National Police Custodial Center in Camp Crame or Camp Bagong Diwa in Bicutan, Taguig," said De Lima.
 
The two earlier surrendered to the military Provost Marshall, before being turned over to the PNP, then to the National Bureau of Investigation, before being brought to the Bulacan jail.

Still at large
 
Palparan and Hilario remain at large even after the Department of Interior and Local Government has already placed a P500,000 bounty on the head of Palparan.
 
The four soldiers are charged for the disappearance of University of the Philippines student-activists Sherlyn Cadapan and karen Empeno in Bulacan in 2006.
 
Palparan - who earlier tried slipping out of the country for Singapore but was stopped at the airport - has already asked the Bulacan court to suspend the arrest warrant and the hold departure order, pending a reinvestigation of the case.
 
Militant group Bagong Alyansang Makabayan (Bayan) criticized the military for taking custody of the two kidnapping suspects.
 
"The transfer of detention of Palparan's co-accused from a Malolos jail to Fort Bonifacio is a special treatment that [Palparan] can certainly avail of if he decides to surrender. Hhe'll be right at home in a military camp," said Bayan secretary general Renato Reyes. - VVP, GMA News
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 December 29, 2011 11:40am

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