MANILA – The Sandiganbayan Second Division has ordered former Armed Forces of the Philippines comptroller MGen. Carlos Garcia to pay around P407 million in fines for his conviction for direct bribery and money laundering. 

In a resolution dated July 30 and released this week, the anti-graft court partially granted the prosecution's Motion for Execution and ordered to issue writs of execution to compel Garcia to settle the fines.

The former AFP comptroller has to pay around P406 million for the direct bribery case and P1.5 million for his conviction of facilitating money laundering. 

Garcia was convicted of direct bribery and facilitating money laundering in 2022 for illegally amassing P303 million when he was in the military from 1993 to 2004.

In 2022, the anti-graft court sentenced Garcia for four up to eight years of prison time for direct bribery, plus another 4 to 6 years for facilitating money laundering. 

He was initially charged with plunder, which carries the punishment of reclusion perpetua or 20 to 40 years in jail. 

Ex-military comptroller accused of plunder found guilty of lesser offenses

Garcia pleaded not guilty to plunder and money laundering, but pleaded guilty to direct bribery and facilitating money laundering under a 2011 plea bargaining agreement.

Although the second division acknowledged that Garcia served the principal penalty of imprisonment, he still has to pay the fines imposed on him.

"As accused pleaded guilty to the crime of direct bribery, the Court is duty-bound to render the requisite penalty as dictated by law, which in this case is imprisonment and a fine that is "not less than three times the value of the gift," part of the resolution read.

Garcia argued that the P406 million fine was "flagrantly oppressive, baseless and unconstitutional."

He said it was "not based on any fact finding or evidence" and was three times the value of the P135.4 million worth of property he voluntarily surrendered under the plea bargaining agreement.

The anti-graft court found no merit in these arguments, citing Article 210 of the Revised Penal Code as legal basis for the fine.

"The amount of P135,433,387.84 surrendered to the Republic in accordance with the PBA [plea bargaining agreement] was given by way of restitution for criminal acts an admission of civil liability arising from commission of a crime," the resolution stated.

The former AFP comptroller argued he "lost all means to survive and earn money" since all his pay, allowances and retirement benefits from the AFP were forfeited.

The Second Division set aside Garcia's claim of insolvency or inability to pay following the forfeiture of his properties.

The retired general was released from the New Bilibid Prison on August 7, 2023 after serving his sentence, acknowledged by the anti-graft court.

Records show Garcia was sentenced to a definite prison term of 18 years and four months, but time served with time allowances already exceeded the maximum sentence.