Republic of the Philippines SANDIGANBAYAN SECOND DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff, ~versus- Crim. Case No, 28107 (For: Plunder) Crim, Case No.SBO9CRMO1 94 ( For: Violation of RA 9160) MAJ. GEN. CARLOS F. GARCIA, ET.AL. Accused, EE SHR Ree lal PLEA BARGAINING AGREEMENT Accused Maj. Gen. Carlos F. Garcia, AFP Ret., assisted by counsel on record, most respectfully submit the following Plea Bargaining Agreement for the Honorable Court's consideration and approval, and state that: Agreement after the Prosecution is about to rest its case. Notwithstanding Rule 116, Sec. 2, which allows the plea to a lesser offense at the arraignment, the Supreme Court has nonetheless repeatedly sustained Plea bargaining even after the Prosecution has already made its Offer, Thus, in “People vs. Jonn Mamarion’, GR. No, 187554, October 1, 2003, and, more Tecently, in G.R. Nos, 168972-77, March 28, 2008, “JOSELITO RANIERO J, DAAN VS. SANDIGANBayaNn (Fourth Division), the Supreme Court, thry Justice Austria-Martinez, ruled fo plea bargaining after arraignment, and in SUPport thereof cited, among Others, People us, Villarama, G.R. No, 99287, June 23, 210 SCRA 246; People vs. Kayanan 172 Phil.728,799, People us. Parohinog GR No. 147462, February 28, 1980, 96 SCRA 373Plea Bargaining Agreement Pp. us, Maj. Gen, Carlos F etal (€C28107 Page 2 of 7 guilty to a lesser offense is not demandable by the accused as a matter of right but is a matter that is addressed entirely to the sound discretion of the trial court, viz: x x x In such situation, jurisprudence has provided the trial court and the Office of the Prosecutor with a yardstick within which their discretion may be properly exercised. Thus, in People v. Kayanan (L- 39355, May 31, 1978, 83 SCRA 437, 450), We held that the rules allow such a plea only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged. In his concurring opinion in People v. Parohinog (G.R. No. L- 47462, February 28, 1980, 96 SCRA 373, 377), then Justice Antonio Barredo explained clearly and tersely the rationale or the law: x x x (A}fter the prosecution had already rested, the only basis on which the fiscal and the court could rightfully act in allowing the appellant to change his former plea of not guilty to murder to guilty to the lesser crime of homicide could be nothing more nothing less than the evidence already in the record. The reason for this being that Section 4 of Rule 118 (now Section 2, Rule 116) under which a plea for a lesser offense is allowed was not and could not have been intended as a procedure for compromise, much less bargaining. (Emphasis supplied)” Accused Maj. Gen. Carlos F. Garcia, AFP Ret. hereby withdraws his plea of not guilty and offers to enter a plea to the lesser offense of INDIRECT BRIBERY under Art. 211, par. 1, Revised Penal Code, which is necessarily included in Plunder, the offense charged under the April 5, 2005 Information in Crim. Case No. 28107, with admission of the facts constituting the lesser offense, but not of the offense charged since the rules allow such a plea only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged. (People v. Kayanan, L-39355, May 31, 1978, 83 SCRA 437, 450, and People vs. Villarama, 210 SCRA 246). Accused hereby enters a plea of not guilty to the charge of Money Laundering under Section 4(a) of RA 9160 in Crim. Case No.SB 09CRMO194, but for purposes of plea bargaining, hereby withdraws the same, and offers to enter a plea to the lesser offense of Facilitating Money Laundering under Section 4(b) of RA 9160, which is necessarily included in the offense charged under the Money Laundering InformationPlea Bargaining Agreement Pp. us. Maj. Gen. Carlos F. Garcita, et.al €C28107 Page 3 of 7 Accused Maj. Gen. Carlos F. Garcia, AFP Ret. wishes to respectfully declare that his wife Clarita and his sons Juan Paulo, lan Carl, and Timothy Mark have absolutely nothing to do with the cases he is now facing in Court. Consequently, with the change of plea to the lesser offense of INDIRECT BRIBERY under Article 211, par. 1, of the Revised Penal Code, and his entering a plea of guilty to the offense under Section 4(b) of Republic Act 9160, Accused by way of restitution/ penalty, hereby transfers, conveys, cedes, surrenders, and relinquishes in favor of the Republic of the Philippines his ownership, and whatever rights or interests, over the following real and personal properties, and bank deposits, alleged in the Information in Criminal Case No. 28107 and in the Information in Criminal Case No.SBO9CRMO194 in relation to the following: U.S. Extradition Proceedings, US Forfeiture Case No. 04 CV 08918, US Seizure In Rem Case No. 04 MAG 2064, and Sandiganbayan Civil Cases 0193 and 0196 for Forfeiture, pending before the Fourth Division, namely: REAL PROPERTIES ICT 178262 lan Carl, Juan Paulo, Timothy P 9,682,850.00. | Ay Mark ‘@/1CT 170611 Tan Carl P 591,360.00 a {ICT 170410 Carlos F. Garcia m/to Clarita P 199,500.00 MCT 195789 Tan Carl P 456,610.00 | [TOTAL P 10,699,320.00 | imaras k ICT 177677 Clarita Garcia m/to Carlos P 65,372.80 MT 14563 Clarita Garcia m/to Carlos P 100,000.00 TOTAL P 165,372.80 Batangas MCT 91252-Juan Paulo | P 3,081,250.00 ACT 91251-Juan Paulo v P_3,081,250.00 T 91618 ~Timothy Mark P 1,442,327.73 TAL ‘ 7 : P 7,604 827.73Baguio TCT 72565- lan Carl, Juan Paulo, Timothy Mark(Lot only) Flea Bargaining Agreement Pp. vs. Maj. Gen. Carlos F. Garcia, et.al ©C28107 Page 4 of 7 P 1,400,000.00 TCT 72208- Carlos F. Garcia-(house and lot) P 1,400,000.00 TOTAL New York USA Trump Park Avenue Condominiun 502 Park Ave., Unit 6A East Ave., Apartment New York, New York (Timothy Mark and Clarita D. Garcia) “per US Case No. 04 CV 08918 |$ 765,000.00 x 56.412 P43,155,180.00 TOTAL P 43,155,180.00 _ PERSONAL PROPERTIES: . 2003 Honda GRV, wit Certificate of Registration No. 71239116 of LTO Hoilo City, Chassis No, padrd48303v106905,Engine no. prid83- 3106881 P976,000.00 = 1993Toyota Previa, with Plate No. UDS 195 with Chassis No.JT3AC 12R8P1117038 P 521,797.00 _ ~ 1997 Mitsubishi L300 Van Plate No. FDZ 582 , with Certificate of Registration No, 36637097 of the LTO Iloilo P 424,583.00 oe 1997 Honda Civic Plate No. FEC 134 with Chassis No. Phso4 3b9946 Engine No. phl6éa 1004700, Certificate of Registration No. 40076155 of the LTO of lloilo P 564, 000.00 wa . 2001 Toyota RAV 4 No. 1AZ-0365925 , Registration No. 6154 with Engine ertificate OF 5497 P1,365,000.00. - 1995 Toyota Coaster Bus _ with plate no. CSk 605, with Chassis No. BB21-0010437, Engine No, 3B-0904544; 7.1995 Isuzu Elf with plate no. CNY ‘| P 190,000.00 P 375,000.00.Plea Bargaining Agreement 2p. vs. Maj. Gen, Carlos F. Garcia, et.al cc28107 Page 5 of 7 179, with Chassis No. NPR 571L- 4658664, Engine No. 787185; Certificate of Registration No. 54301814 of LTO Angeles City 0304 TOTAL P 4,416,380.00_ Shares of Stocks in IJT Caregiver , Inc. | 1. Tan Carl 10,000 shares 2 2. Juan Paulo 10,000 shares Shares of Stocks in IJT Katamnan Corp. 3. Tan Carl 3,000 shares CASH AND MONEY IN BANK ASH AND MONEY IN BANK Cash in Banks (frozen/attached as of 15 October 2004) | Bank of the Philippine Islands USD 53,799.20 Php 50, 224. 55 (Banco de Oro USD 0.69 Php Land Bank of the Phil USD 674,286.43 Php ss - 6,641,451.19 | |Planters Devt. Bank = - Php 8,721 AFPSLAT = Php = | 4,736,180.31 _ | $ 728,066.32 | (P41,071,677,24 at i | PS6.4 12per Dollar) |11,439,302.81 LTOTAL P 52,510,980.05 Cash in Banks in U.S. Bank Accounts (frozen/attached as of 27 Oct. 2004) (Timothy Mark Garcia) (at PS6.412 per Dollar) P11,348,180.90 $ 44,354.86 | (at P56.412 per Dollar) | Citibank Account No.500228358* (UT Access Worldwide) *per United States Case No. itibank Account No. 80606060" | $ 201,166.08 P2,502,146.36 04 MAG 2064 TOTAL 1 P13,850,327.26 GRAND TOTAL P 135,433,387.84Plea Bargaining Agreement Pp. us. Maj. Gen. Cartes F. Gareia, et al ©C28107 Page 6 of 7 Accused Maj. Gen. Carlos F. Garcia, AFP Ret. is duly authorized to transfer, convey, cede, surrender, relinquish in favor of the Republic of the Philippines ownership and whatever rights or interests over all of the afore-stated real and personal properties and monies, under the name of Clarita Depakakibo Garcia, Juan Paulo Depakakibo Garcia, lan Carl Depakakibo Garcia and Timothy Mark Depakakibo Garcia, by virtue of the individual Special Powers of Attorney with Transfer and Waiver of Rights duly executed and consularized which are herein attached as Annexes “A”, “B, “C”, D”. ‘The Office of the Ombudsman, as the Office constitutionally mandated to prosecute the instant case, finds that: a.) The offer to plea to a lesser offense is in consonance with law and jurisprudence. b.) The crime of INDIRECT BRIBERY under Article 211, par. 1 of the Revised Penal Code, is an offense necessarily included in the offense charged and constitutes a predicate act under the April 5, 2005 Information in Crim. Case no. 28107. c) The offense of Facilitating Money Laundering under Section 4(b) of RA 9160 is an offense necessarily included in the offense charged and constitutes a predicate act under the November 17, 2009 Information in Criminal Case No. SB-09-CRM-0194. a.) This offer to plea bargain is consistent with the interest of the State since justice will be served proceeding from an assured and agreed plea to a lesser offense, while conserving the scarce prosecutorial resources of the State. €) The ruling of the Supreme Court in People vs. Kayanan 172 Phil.728,729 that “that we held that the rules allow such a plea only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged’ is applicable to this case.Plea Bargaining Agreement Pp. us. Maj. Gen. Carlos F. Garcia, et.at CC28107 Page 7 of 7 9, The Office of the Ombudsman interposes no objection and consents: a.) To Accused Maj. Gen. Carlos F. Garcia’s change of plea to the lesser offense of INDIRECT BRIBERY, defined and penalized under Article 211, par. 1, of the Revised Penal Code, and his change of plea to the lesser offense under Section 4(b) of Republic Act 9160 otherwise known as the Anti-Money Laundering Act. RECOMMENDING APPROVAL: FOR THE REPUBLIC a 3) WENDELL E. BARRERAS-SULIT Acting Deputy Special Prosecutor Officer-In-Charge, Office of the Special Prosecutor (Per Office Order No. 103, dated October 21, 2008) For the Accused: “ [AJ. GEN. CARLOS ¥. GARCIA, AFP (Ret.) jal Prosecutor Accused Assisted By: eputy Special Prosecutor : = A ‘ANTINO B. DE JESUS hhc Je M. BALMEO, JR. Asgishant Special Prosecutor III JOSEPH F. C, ‘STRANO Assistant Special Prosecutor II as By: ips pea hdale & MA. MERCEDITAS N. GUTIERI Tanodbayan