CONGRESSIONAL INQUIRY ON MAJOR GEN. CARLOS
GARCIA CASE AND OTHER CASES OF AFP GRAFT AND CORRUPTION
On October 11, 2004, the House of Representatives Committee
on National Defense commenced an investigation in aid of
legislation on corruption in the AFP. The probe uncovered
several issues that may be directly addressed by legislation,
such as the inaction of the AFP leadership in conducting
a proactive investigation of one of their own, irregularities
in the procurement process, and conversion, the institutionalized
practice of converting funds from an authorized use to an
unauthorized use, which has come to be the largest source
of corruption in the AFP.
While the cases against Mgen. Garcia are
now being prosecuted and tried in the proper fora, the recent
House Committee hearings have unearthed issues bigger than
any one personality, presenting a sizeable opportunity for
legislative reform of the AFP. The inquiry does not start
and end with Mgen. Garcia; others ought also be involved.
In fact, in the hearing dated October 28, 2004, the Committee
on National Defense uncovered the overpricing of medicines
and medical supplies for a military hospital. This shows
that the Committee inquiry should indeed go on as long as
it has to. Only by knowing the various manifestations of
graft and corruption in the AFP can Congress be able to
formulate the appropriate legislative solutions.
This was followed by more revelations on
the office of the AFP COMPTROLLER. The committee also unearthed
anomalies involving the predecessor of Gen. Garcia, namely
Lt. Gen. Jacinto Ligot. Details will be shown later.
The Committee is thankful for the support
of concerned citizens who believe that the inquiry should
continue to expose the full extent of corruption in the
AFP. As opined by Amando Doronila of the Philippine Daily
Inquirer:
With the bringing down of the Armed Forces
to the ground of accountability, it has now joined the distinguished
company of its civilian counterparts and other sectors of
civil society. The inquiries show that the military is no
longer a sacrosanct institution, immune from civil scrutiny,
and untouchable because its monopoly of the means of state
violence gives it the power of life and death over civilian
regimes, threatened by civil unrest and disorder.
UP College of Law Dean Raul Pangalangan,
on the other hand, writes that, in the case of AFP corruption,
Congress just might be the most effective investigator:
When comrades in arms are likewise partners in crime, it
may take a highly political body like Congress and not the
courts acting alone to carry through an investigation…
Some critics fault our congressmen for "grandstanding"
during the Garcia hearings. I disagree. It takes our elected
legislators to take our military to task. Not the President,
who is ever so careful lest she provoke another coup. Not
the President's Cabinet men and women who are bereft of
an electoral mandate and dependent upon the President's
political fortunes. And, but for a few shining moments,
not the courts either. They all are too refined, their condemnations
too finessed, their positions so nuanced. They are incapable
of outrage because they tread on dangerous ground when they
inquire into military perks. Only the raw power of politics
can stand up to the raw power of arms…
The resolve of the Committee was likewise bolstered by the
support of many cause-oriented groups and anti-corruption
watchdogs such as the Anti-Graft League of the Philippines
and the Volunteers Against Crime and Corruption. The inquiry
has likewise received the support of Bishop Efraim Tendero,
National Director of the Philippine Council of Evangelical
Churches. And in a consultative meeting, the Philippine
Military Academy Alumni Association, Inc. (PMAAAI) urged
Congress to continue its inquiry in aid of crafting a procurement
law that will address the peculiar needs of the AFP.
In a Committee hearing, Col. Ricardo Morales,
the commanding officer of the Army’s 402nd Brigade,
when asked his opinion about the ongoing inquiries on AFP
corruption, had this to say: “…I think this
incident provides the essential shakeup to overcome all
the inertia within the armed forces and provides the impetus
for investigation and reform…”
RESULT OF CONGRESSIONAL INQUIRY:
GARCIA AND LIGOT’S SUMMARY
OF SUSPECTED WEALTH/CASES FILED
MGEN. CARLOS F. GARCIA
SUMMARY OF HIS SUSPECTED WEALTH:
• Customs and Border Patrol of the
USA seized $100,000 from Gen. Garcia’s son.
• Records have shown that Gen Garcia and his wife
transported $500,000 to the USA from the Philippines since
1993.
• ICE agents in the US have information that the Garcia
family owns several properties in the US including 2 condominiums
in New York and a house in Ohio. The condominiums value
at over $1,420,000.
• Business interests in IJT Katamnan, Iloilo
• IJT Mango Orchard, Iloilo
• Various bank deposits that were frozen on order
of the Anti-Money Laundering Council.
The Anti-Money Laundering Council (AMLC) later obtained
a freeze order from the Court of Appeals for the following
bank accounts in the name of Mgen. Garcia and/or the members
of his immediate family:
Table 1: Landbank of the Philippines (LBP)
Greenhills Branch
| Account Holder |
Account Type/No. |
| |
|
| Carlos F. Garcia |
Dollar Savings No. 0554-0017-00 |
| Carlos F. Garcia or Juan Paolo Garcia |
Dollar Time Deposit No. 0559-0023-13 |
| Carlos F. Garcia or Clarita D. Garcia |
Dollar Time Deposit No. 0559-0023-48 |
| Carlos F. Garcia or Ian Carl Garcia |
Dollar Time Deposit No. 0559-0023-21 |
| Carlos F. Garcia or Timothy Mark Garcia |
Dollar Time Deposit No. 0559-0023-30 |
| Carlos F. Garcia |
ESP No. 0551-0419-64 |
Table 2: LBP Camp Aguinaldo Branch
| Account Holder |
Account Type/No. |
| |
|
| Carlos F. Garcia |
Regular No. 1671-0407-55 |
Table 3: Allied Banking Corporation
| Account Holder |
Account Type/No. |
| |
|
| Clarita D. Garcia |
Philippine Peso Acct. No. 32200115800001583004197 |
| Clarita D. Garcia |
Philippine Peso Acct. No. 3200115800000001580017693 |
| Clarita D. Garcia &/or Timothy Mark
&/or Ian Carl |
Philippine Peso Acct. No. 3200115800000001585004584 |
| Clarita D. Garcia |
Philippine Peso No.3200115400001543008444 |
| Clarita D. Garcia |
Philippine Peso No.3200115400000001545006332 |
| Clarita D. Garcia |
Philippine Peso No. 3200115400000001540061707 |
| Clarita D. Garcia |
US Dollar Account 3200215400000001548001084 |
| Clarita D. Garcia &/or Juan Paulo
|
US Dollar Account 3200215400000001548001378 |
| Clarita D. Garcia &/or Timothy Mark,
Ian Carl |
US Dollar Account 3200215400000001548001386 |
| Clarita D. Garcia |
US Dollar Account 3200215400000001548001594 |
| Clarita D. Garcia |
US Dollar Account 3200215400000001548001505 |
| Clarita D. Garcia &/or Timothy Mark,
Ian Car |
US Dollar Account 3200215400000001548001491 |
Table 4: Armed Forces of the Philippines Savings
and Loans Association, Inc. (AFPSLAI)
| Account Holder |
Account Type/No. |
| |
|
| Clarita D. Garcia |
No. 01-352947-7 |
| Clarita D. Garcia |
No. 02-010570-4 |
| Carlos F. Garcia |
No. 01019009-06 |
| Carlos F. Garcia |
No. 02-008173-2 |
Table 5: Banco De Oro Universal Bank
| Account Holder |
Account Type/No. |
| |
|
Clarita D. Garcia
&/or Timothy
Mark,
Ian Carl Garcia |
No. 11380034246 |
Table 6: Bank of the Philippine Islands
| Account Holder |
Account Type/No. |
| |
|
Clarita D. Garcia
&/or Ian Carl,
Juan Paulo,
Timothy Mark |
US Dollar Account No. 02002930000000- 9304002546 |
Clarita D. Garcia
&/or Ian Carl,
Juan Paulo,
Timothy Mark |
US Dollar Account No.020021070000000-
1074010985 |
Table 7: United Coconut Planters Bank
| Account Holder |
Account Type/No. |
| |
|
| Clarita D. Garcia |
No. 1161236755 |
| Clarita D. Garcia |
No. 1161235880 |
| Timothy Mark Garcia |
No. 1161236780 |
| Timothy Mark Garcia |
No. 1161235775 |
| Timothy Mark Garcia |
No. 11612355787 |
| Ian Carl Garcia |
Philippine Peso Acct. No. 1161236767 |
| Ian Carl Garcia |
Philippine Peso Acct. No. 1161235738 |
| Ian Carl Garcia |
Philippine Peso Acct. No. 11612355740 |
Table 8: Planters Development Bank
| Account Holder |
Account Type/No. |
| |
|
| Clarita D. Garcia &/or Ian Carl |
US Dollar Account No. 009860001459 |
| Clarita D. Garcia &/Juan Paulo |
US Dollar Account No. 009860001460 |
| Clarita D. Garcia &/or Timothy Mark |
US Dollar Account No. 009860001461 |
| Clarita D. Garcia &/or Ian Carl |
US Dollar Account No. 001660007001 |
| Clarita D. Garcia &/Juan Paulo |
US Dollar Account No. 001660007002 |
| Clarita D. Garcia &/or Timothy Mark |
US Dollar Account No. 001660007003 |
CASES FILED AGAINST HIM:
Cases filed by Ombudsman:
• Administrative case: In violation
of Sec. 8, in relation to Sec. 11 of RA 6713; Art. 183 of
the Revised Penal Code; Sec. 52 A, Paragraphs (1) Dishonesty,
(3) Grave Misconduct, and (20) Conduct prejudicial to the
best interest of the service under the Civil Service Law.
Status: Submitted for decision except the
last one (still waiting for the position paper to be submitted
by Garcia)
• Cases filed by Ombudsman in Sandiganbayan
(Criminal cases): (1) In violation of Section 3E of RA 3019
(2) Forfeiture of ill-gotten wealth (3) Perjury
• Cases filed under General Court
Martial in Violation of the Articles of War 96 (conduct
unbecoming of an officer and a gentleman) and articles of
War 97 (conduct prejudicial to good order and military discipline).
Under AW 96, he was charged for wrongfully and unfaithfully
failing to declare all his existing assets in his sworn
Statement of Assets and Liabilities in 2003 which corresponds
to his assets for 2002 and for his SAL submitted in 2004.
Under AW 97, it was for knowingly, wrongfully and unlawfully
making false statement under oath of his assets in his SAL.
MGen. Garcia’s other charge under AW 97 was his status
of an immigrant-permanent resident of the United States.
LT. GEN. JACINTO LIGOT
SUMMARY OF HIS SUSPECTED WEALTH (ROUGHLY
P66M):
• A house in Buena Park, California
worth $183,000 bought with cash in 2002
• A house in Anaheim, California worth $504,000 bought
thru a loan in 2003
• Condominium in Essensa, The Fort, Taguig
• Condominium in Paseo Parkview
• Suspected ownership of condo in Bonifacio Ridge
• Parmil Farms
• House in MBAI, Muntinlupa City
• House in Brgy. Lapu-Lapu, Batangas City
• House in BCDA, Taguig
• He Also sold a house in Florida
• Property in Brgy. Imbayao, Malaybalay City, Bukidnon
CASES FILED AGAINST HIM:
• 2 Counts of PERJURY filed before
the Ombudsman for knowingly and deliberately making untrufhful
statements under oath in his Statement of Assets and Liabilities
for the year 2002 and 2003.
• Violation of RA 1376 (unexplained
wealth) also filed before the Ombudsman.
THREE (3) AFP REFORM BILLS APPROVED BY THE HOUSE COMMITTEE
ON NATIONAL DEFENSE AND SECURITY ON 09 MARCH 2005, WEDNESDAY
1. HB 3370
• AN ACT CREATING THE OFFICE OF THE
COMPTROLLER OF THE ARMED FORCES OF THE PHILIPPINES TRANSFERRING
THE DUTIES OF THE DEPUTY CHIEF OF STAFF FOR COMPTROLLERSHIP
TO SUCH OFFICE AND FOR OTHER PURPOSES
• Authored by Hon. Roilo Golez
• This provides for a Civilian Comptroller who shall
be a Career Civil Service Official appointed by the President.
2. HB 3380
• AN ACT CREATING THE INTERNAL AFFAIRS
OFFICE OF THE ARMED FORCES OF THE PHILIPPINES
• Authored by Hon. Roilo Golez
• This provides for a Career Civilian Internal Affairs
Office headed by a Civilian Inspector General.
3. HB 219
• AN ACT PRESCRIBING A FIXED TERM
FOR THE CHIEF OF STAFF AND MAJOR SERVICE COMMANDERS OF THE
ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES
• Authored by Hon. Rozzano Rufino B. Biazon, co-authored
by Cong. Imee Marcos, Cong. Roilo Golez, Cong. Mauricio
Domogan, Congresswoman Reylina Nicolas, Congresswoman Risa
Hontiveros-Baraquel.
• This provides that the Chief of Staff shall have
a fixed term of three years from date of appointment, but
no one with less than one year from date of compulsory retirement
shall be appointed Chief of Staff. Major Service Commanders
shall have a fixed term of two years.
Some quarters have suggested that the Congressional Inquiry
may be destroying the AFP institution. I beg to disagree.
What would destroy the institution are those few corrupt
generals who raid the AFP treasury, not those who expose
such wrongdoings. It is those who attempt to cover up, not
uncover the irregularities, and it is those who investigate
halfheartedly, not those who investigate wholeheartedly,
who destroy the institution.
We assure you that we will not relent
in uncovering the truth and in pursuing reforms to restore
the image of our Armed Forces.
****
