Garcia walks on perjury rap, but plunder charge re
by Peter Tabingo,Wholesale replica handbags
Malaya
Maj. Gen. (ret.) Gen. Carlos Garcia scored his third win against government prosecutors yesterday after the Sandiganbayan First Division acquitted him on a perjury case alleging that he failed to disclose the total value of his properties in his 1997 statement of assets,prada replica handbags, liabilities and net worth (SALN).
In a 25-page decision penned by Associate Justice Alexander G. Gesmundo, the graft court held that government lawyers failed to prove beyond reasonable doubt that Garcia stated a deliberate falsehood when he failed to declare ownership of three vehicles in his SALN.
Garcia, former AFP comptroller, said he owned only P870,000 worth of “motor vehicles.” But during trial, prosecutors presented documentary and testimonial evidence that showed he owned three vehicles worth a total of P1,510,380. These are a Toyota Previa (UDS-195) valued at P521,797, Mitsubishi L-300 Van de Luxe (FDZ-582) valued at P424,583, and 1997 Honda Civic (FEC-134) valued at P564,000.
The court upheld the prosecution stand that the Toyota Previa belonged to the accused as evidenced by the vehicle registration receipt obtained from the Land Transportation Office. But it noted that the value of the vehicle was well within what was declared in Garcia’s 1997 SALN.
The Sandiganbayan also ruled that the Mitsubishi van and the Honda Civic sedan “were sufficiently linked” to Garcia’s wife, Clarita.
The court also declared that the prosecution failed to present proof that the omission was deliberate on the part of Garcia.
Any false declaration in the SALN is not in itself unlawful…the prosecution must also prove that the accused did not believe his statement to be true,” the court said.
Garcia was cleared of similar charges by the Third Division on May 22, 2006 and by the Second Division on April 10, 2008.
But last March 18, the former military officer was convicted by the graft court’s Fourth Division,fashion handbags, also for perjury, and sentenced him to two years imprisonment. But since the accused has been in detention for the past five years, his jail sentence was deemed served.
Despite his latest acquittal, Garcia is still facing a plunder charge and two forfeiture cases over the alleged P300 million in ill-gotten wealth he was accused of amassing while in active duty.
His wife Clarita, and children Ian Carl, Juan Paulo and Timothy Mark were also named in those cases.
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