Tuesday, January 18, 2011

What I think of the Plea bargain between OMB Prosecutors & Gen. Garcia?

I think the Plea Bargaining Agreement entered into by the Office of the Ombudsman Special Prosecutors led by Atty. Wendell Sulit with General Garcia in connection with the initial Plunder case filed against him just showed how weak our justice system is. It also somewhat reinforced the stereo type that government lawyers tend to just lose cases that they handle.

It’s a big question why only now that the prosecutor’s are saying that they do not have strong evidence to prove the guilt of General Garcia for the crime of plunder. That the prosecutor’s say that the case will not prosper that why they resorted to the Plea Bargaining agreement that made general Garcia admit for a lesser offense of direct bribery and made him return only 135 million out of the initial 303 million claim of plundered money. The deal also allowed General Garcia to post bail with the amount of Php 60, 000.

Now, who’s really at the losing end? Is General Garcia who just lost 135 million of his bulk wealth? Or the Filipino people who have just been cheated by another Plea Bargaining Agreement? Or the government that seemed to be incompetent in defending the will and welfare of the citizenry?

I think the happiest and most lucky Filipino right now is General Garcia, though he just surrendered 135 million pesos and admitted a crime of direct bribery, he is still a free man now and he has the remaining half of the initial 303 million alleged to be plundered by him during his tenure as AFP comptroller.

The reasoning that the prosecutors have no strong evidence is an alibi that is so weak to believe into. The millions amassed by General Garcia despite of his income and wealth discrepancy is a clear evidence of Plunder. If it is not Plunder, then what we gonna call it?

I think that there could been a lot more way to prove the guilt of General Garcia. His family members are still awaiting extradition, deeper inventory and evaluation of his properties, AFP third party accounting and more. The prosecutors should not just be entering into Plea Bargaining Agreement even without the consent or knowledge of the directly involved agencies. It is a long way to go and our prosecutors should have learned their lessons before not now.

~This is another written essay in completion for my subject Legal Writing this 2nd semester.


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