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Dec.15, 2009
A CRIMINAL case was slapped anew on retired Maj. Gen. Carlos Garcia, his wife and three children more than five years after having been indicted for amassing over P300 million worth of unexplained wealth in 2004.
Anti-graft investigation and prosecution officer Marissa Bernal recommended that Garcia, his wife Clarita and children Ian Carl, Juan Paulo and Timothy Mark be charged with money laundering.
Ombudsman Maria Merceditas Gutierrez approved Bernal’s recommendation Monday.
Prosecutors recommended a P120,000 bail for each defendant’s provisional liberty. Money laundering is penalized under Section 4(a) of Republic Act 9160 or the Anti-Money Laundering Act.
Garcia remains detained in Camp Crame for a non-bailable plunder case pending before the anti-graft court’s Second Division, while the government is talking to Washington to have his wife and children extradited from the US.
Bank transactions by the Garcias involving P303.27 million in deposits as well as P73 million and $967,215.99 in withdrawals are “unlawful activities” under RA 9160 as the funds are proceeds of plunder, according to government prosecutors.
Records obtained by anti-graft investigators showed the family held accounts in United Coconut Planters Bank, Bank of the Philippine Islands, Land Bank of the Philippines, Allied Banking Corp., Banco de Oro, Planters Development Bank, Export and Industry Bank, Centennial Bank, Armed Forces and Police Savings and Loan Association Inc. and Wing Savings and Loan Association Inc.
In his 2003 statement of assets, liabilities and net worth, Garcia declared only P2.76 million in total assets, the records showed.
Government prosecutors have attached to the charge sheet graphs and tables detailing how money moved among the family’s various accounts.
One table showed each of the defendants withdrew huge sums from Oct. 5 to Oct. 8, 2004 that emptied their bank accounts after then Tanodbayan Simeon Marcelo on Sept. 20 subpoenaed the Armed Forces to access Garcia’s service records and SALNs.
The case summary also showed that Garcia, Clarita and Ian Carl made several withdrawals from the Allied Bank and BPI branches in Blue Ridge, Quezon City, and Iloilo-Main totaling P10.14 million in checks and P2.77 million in cash on Oct. 5, 2004.
The next day, the Garcia couple took out P18.47 million in cash and P256,556.76 in checks from the AFPSLAI, BDO-Valero and BPI-Mandurriao in Iloilo, the document showed.
On the third day, the entire family made separate withdrawals totaling P21.63 million from the UCPB-Valero and P6 million from the AFPSLAI, the document also showed.
On the fourth day, Ian Carl and Juan Paulo took out P5 million each from the AFPSLAI while Garcia moved investments worth P3.16 million from the AMWSLAI, the document showed.
From Oct. 5 to Oct. 7, 2004, the family drained their dollar accounts of $967,215.99, the document showed.
The Garcias were also named defendants in two forfeiture cases ongoing at the Sandiganbayan’s Fourth Division.
Garcia was acquitted in three perjury charges and convicted on one count for which he received a short prison sentence.