Republic of the Philippines

HOUSE 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 criminal
cases 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 shall
withdraw the charge of Plunder in exchange for a guilty plea for the lesser offense of Direct
Bribery;

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 P60,000
on December 18 last year, two days after he pleaded guilty to direct bribery during his
rearraignment 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 declaring
that 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 the
Filipino 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 that
Ombudsman 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 and
whitewashing of big-time cases involving President Gloria Macapagal-Arroyo and her high
civilian and military officials, including entering into disadvantageous plea bargain
agreements;

WHEREAS, by suspiciously and hastily approving this plea bargain agreement, the
Sandiganbayan 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 the
Office of the Special Prosecutor and the Ombudsman and strong evidence to support a
plunder case against Gen. Garcia, which forced Ombudsman Gutierrez to commit to
review 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 its
withdrawal.
4. Ombudsman Gutierrez has resigned and a new Ombudsman will soon be appointed by
Pres. Benigno Aquino.

WHEREAS, the Sandiganbayan also committed a sin of commission when it unjustifiably

denied the motions filed by the Office of the Solicitor General (OSG) seeking to intervene in
the case so that it could ask for the recall of the plea bargain, and calling for Presiding Justice
Edilberto 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 Philippines
and the state as a whole;

WHEREAS, the Sandiganbayan’s decision to approve the plea bargain agreement offends the
most basic principles of justice, fairness, and decency by virtually condoning the numerous
acts of plunder committed by Maj. General Garcia. It grossly undermines any genuine effort
to 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 to
steal 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. The
Sandiganbayan preempted any effort by the incoming Ombudsman to remedy the mistakes of
the former Ombudsman;

WHEREAS, the Sandiganbayan justices have thereby betrayed their Constitutionally

mandated 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 the
Sandiganbayan 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