Gov’t can’t rescind Garcia plea bargain By Angie M. Rosales 02/04/2011

Gov’t can’t rescind Garcia plea bargain

By Angie M. Rosales 02/04/2011

From all indications, the plea bargain between former Armed Forces of the Philippines (AFP) comptroller Maj. Gen. Carlos Garcia and the Sandiganbayan is a done deal and cannot be withdrawn, and with it the futility of President Aquino’s order to have it rescinded and have Garcia face the original plunder charges due to the principle of double jeopardy as Garcia had already pleaded guilty to a lesser offense, proceedings in yesterday’s Senate inquiry on Garcia’s plea bargain agreement indicated.

After entering into the agreement with Garcia, where government will be assured of a return of a P135 million out of the P300 million taxpayers’ funds he allegedly amassed, state prosecutors also opened themselves up to committing “double jeopardy.” Senate probers yesterday found out that withdrawal of the plea bargain agreement entered into by the Office of the Special Prosecutor with Garcia may no longer be feasible because the Sandiganbayan has already, in effect, approved it.

The anti-graft court’s approval, as admitted by one of the prosecutors who are under the Office of the Ombudsman, has been manifested by allowing the accused, Garcia, to plead guilty to a lesser offense..... MORE

Source:  The Daily Tribune

URL: http://www.tribuneonline.org/headlines/20110204hed6.html