House Resolution 1237

8/6/2019 House Resolution 1237

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Republic of the PhilippinesHOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS

First Regular Session

HOUSE RESOLUTION NO. 1237

Introduced by Bayan Muna Party-List Representatives Teodoro A. Casiño, Neri Javier

Colmenares, Anakpawis Party-List Representative Rafael V. Mariano, Gabriela

Women’s Party Representatives Emerenciana de Jesus and Luzviminda C. Ilagan,

Kabataan Party-List Representative Raymond Palatino,

and ACT Teachers Party-List Representative Antonio L. Tinio

RESOLUTION

CONDEMNING THE SANDIGANBAYAN DECISION APPROVING

THE PLEA BARGAINING AGREEMENT BETWEEN THE OFFICE

OF THE OMBUDSMAN AND RETIRED MAJOR GENERAL CARLOS

GARCIA, AND STRONGLY URGING THE SANDIGANBAYAN

SECOND DIVISION JUSTICES TO RESIGN FROM THEIR POSTS

WHEREAS, the Constitution mandated the Sandiganbayan to give life to the fundamental principle that public office is a public trust, through the prosecution of civil and criminalcases involving graft and corrupt practices and other offenses committed by public officers;

WHEREAS Major General Carlos F. Garcia and former Ombudsman Ma. Merceditas Navarro-Gutierrez struck a plea bargain agreement where the People of the Philippines shallwithdraw the charge of Plunder in exchange for a guilty plea for the lesser offense of DirectBribery;

WHEREAS, because of the deal submitted to the Sandiganbayan for approval, Major General Garcia was allowed to walk out of his Camp Crame detention cell on bail of P60,000on December 18 last year, two days after he pleaded guilty to direct bribery during hisrearraignment for that lesser offense;

WHEREAS, the Sandiganbayan Second Division unanimously, but suspiciously and hastily,

approved on May 9, 2011 the plea bargain agreement

. It previously denied Garcia’s Petition for Bail on the charge of plunder, thereby declaringthat the evidence of guilt was strong. However, it justified its latest decision to approve the

plea bargain by declaring that the prosecution’s evidence was weak;

WHEREAS, the Sandiganbayan’s decision is prejudicial to the interest of the Filipino people. Just like the former Ombudsman Navarro-Gutierrez who was impeached by theFilipino people for betraying the public trust, the Sandiganbayan also betrayed their constitutional mandate and the public’s trust;

WHEREAS, the Sandiganbayan justices cannot play deaf and blind to the fact thatOmbudsman Navarro-Gutierrez was impeached by the House of Representatives for

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betraying the public trust by her gross, inexcusable, in fact deliberate inaction andwhitewashing of big-time cases involving President Gloria Macapagal-Arroyo and her highcivilian and military officials, including entering into disadvantageous plea bargainagreements;

WHEREAS, by suspiciously and hastily approving this plea bargain agreement, theSandiganbayan deliberately refused to recognize not only the Ombudsman’s impeachment

but the following publicly known legislative and executive acts:

1.2. The House of Representatives and the Senate conducted separate public hearings

which unearthed irregularities in the plea bargaining agreement conducted by theOffice of the Special Prosecutor and the Ombudsman and strong evidence to support a

plunder case against Gen. Garcia, which forced Ombudsman Gutierrez to commit toreview the plea bargain agreement.

3. The House and the Senate also came out with reports and resolutions finding

irregularities in the plea bargain agreement and strongly recommending itswithdrawal.

4. Ombudsman Gutierrez has resigned and a new Ombudsman will soon be appointed byPres. Benigno Aquino.

WHEREAS, the Sandiganbayan also committed a sin of commission when it unjustifiablydenied the motions filed by the Office of the Solicitor General (OSG) seeking to intervene inthe case so that it could ask for the recall of the plea bargain, and calling for Presiding JusticeEdilberto Sandoval to inhibit from the case, as it practically prevented a serious intervenor from interceding on behalf of the offended party, namely the Armed Forces the Philippinesand the state as a whole;

WHEREAS, the Sandiganbayan’s decision to approve the plea bargain agreement offends themost basic principles of justice, fairness, and decency by virtually condoning the numerousacts of plunder committed by Maj. General Garcia. It grossly undermines any genuine effortto combat graft and corruption in public service;

WHEREAS, the Sandiganbayan’s decision encourages big time corruption and plunder and

further institutionalizes impunity, sending the signal to unscrupulous government officials tosteal big so that they can enter a similar agreement and get away with plunder; WHEREAS, the Sandiganbayan justices acted as if to preempt the incoming Ombudsman,who may seriously reconsider the plea bargain and withdraw the agreement. TheSandiganbayan preempted any effort by the incoming Ombudsman to remedy the mistakes of the former Ombudsman;

WHEREAS, the Sandiganbayan justices have thereby betrayed their Constitutionallymandated duty to give life and meaning to the constitutional precept that a public office is a

public trust and to impress upon public officers and employees that they are at all times

accountable to the people with their duty to serve with the highest degree of responsibility,integrity, loyalty and efficiency;

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NOW THEREFORE, BE IT RESOLVED by the House of Representatives to condemn theSandiganbayan decision upholding the plea bargain agreement of former AFP comptroller Major General Carlos F. Garcia, and strongly urge the Sandiganbayan Second Division

justices, namely Presiding Justice Edilberto Sandoval, Justice Teresita Diaz Baldoz and

Justice Samuel Martirez, to resign from their posts.

Approved,

TEDDY A. CASIÑO NERI JAVIER COLMENARES

Bayan Muna Bayan Muna

RAFAEL V. MARIANO LUZVMINDA C. ILAGAN

Anakpawis Partylist Gabriela Women’s Party

RAYMOND V. PALATINO EMERENCIANA A. DE JESUS

Kabataan Party Gabriela Women’s Party

ANTONIO L. TINIO

ACT Teachers Partylist

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Documents

House Resolution 1237