Garcia invokes right to keep silent 30 times
By WENDELL VIGILIA
He came, he saw and he stonewalled.
Suspended Maj. Gen. Carlos Garcia finally appeared yesterday before a House inquiry into his alleged illegal wealth, but he repeatedly invoked his right against self-incrimination.
Garcia, assisted by lawyer Constantino de Jesus, invoked his constitutional right at least 30 times on questions ranging from authenticity of documents signed by his family regarding their wealth to his son's address in the United States.
Garcia, who was released Sunday morning from the UST hospital where he had been confined for difficulty of breathing, first invoked the right against self-incrimination when Rep. Roilo Golez (Kampi, Parañaque), chairman of the defense committee, asked him about the Ombudsman's allegation US Customs officials held his 26-year-old son Ian Carl at the San Francisco airport last Dec. 19 for not declaring $100,000 (around P5.6 million) in his possession.
"With due respect your honor, I'm sorry but I cannot answer that. I invoke my right against self-incrimination. The issue is in the Ombudsman, Court of Appeals and the military court, where they are now undergoing investigation," Garcia said.
Golez told Garcia that under a legislative inquiry, he could not invoke such right. "Whoever advised you doesn't know the procedures," Golez said.
Golez then asked Garcia to affirm photocopies of the affidavit of his wife Clarita, who was forced to explain to US authorities the money their son carried.
In the affidavit, she said: "Gen. Garcia receives travel money and expenses in excess of a thousand dollars ... I often travel with my husband on business and my travel and shopping is in excess of $10,000-$20,000 provided to me."
"My husband also receives cash for travel and expenses in Europe and Asia that are awarded contracts for military hardware. He also receives gifts and gratitude money from several Philippine companies that are awarded military contracts to build roads, bridges and military housing," she added.
Garcia again invoked the right to keep silent.
When Golez asked him if he recognized his wife's signature, Garcia said: "This appears to be the signature of my wife Clarita Garcia."
He gave the same answer when asked to verify the affidavits of his son Ian Carl and a letter to the Fines, Penalties and Forfeiture Office in the US in January 2004, where he said the money came from savings, honoraria and dividends in the past years to be used as initial downpayment for a condominium that his son Timothy would get in New York, his tuition and their family's would-be expenses in their planned Christmas vacation.
Earlier reports said that on Dec. 17 last year, Mrs. Garcia she declared $100,000 upon arrival in the United States as well as in prior trips in January and in 1993 and 1995 ($200,000). The US Customs said Mrs. Garcia brought $48,000 into the US in May 2002; $100,000 in December 2003 and $204,230 in January 2004 while Gen. Garcia brought in $15,000 in November 1993 and $10,400 in August 1995.
CONDO UNITS
When Golez asked if he knew about his family's ownership of a house in Ohio, and condominium units at 222 East 34th Avenue in New York and at Park 502 Ave. also in New York, Garcia again invoked the right to remain silent.
"You mean, you don't even know where your son lives?" Golez was prompted to ask.
When Golez asked Gen. Narciso Abaya, AFP chief, about the $100,000 that Garcia's son was carrying last December, Abaya said Garcia told him it was to be used as downpayment for his son's lease of a condominium unit and that the money was borrowed from friends.
Golez asked Abaya why Garcia, amid questions on his wealth, was merely transferred as deputy chief of staff for comptrollership (J6) to deputy chief for plans and program (J5).
Abaya said J5 was the only place where he could transfer Garcia since J4 deals with logistics and procurement while J9 handles the modernization program of the AFP.
Reacting to the scandal, our favorite columnist Manong Ernie Maceda, blasted Gen. Garcia and Abaya's performance at the hearings:
The hearing of the committee on national defense of the House of Representatives headed by Parañaque City Rep. Roilo Golez was a pathetic demonstration of how members of Congress attend hearings totally unprepared.This too is revealing:
Maj. Gen. Carlos Garcia and Armed Forces of the Philippines (AFP) Chief of Staff Gen. Narciso Abaya got away with answers which were not responsive and clearly evasive, at times even untrue.
For example, Gen. Abaya insisted no illegal conversion is happening in the AFP under his term. No less than Lt. Gen. Edilberto Adan and the Feliciano Commission have already admitted such racket is going on by the millions.
Gen. Garcia essentially told a lie when he insisted he has no discretion to release funds and his duties of programming and releasing of funds were purely ministerial. He denied any participation in the procurement process.
Any supplier and contractor dealing with the AFP will tell you they have to woo and be good to the office of J6 or comptroller before their checks are prepared and released.
Maj. Gen. Garcia inadvertently passed the buck and the blame and therefore, strongly implied that if ever there was any corruption in the expenditure of AFP funds, it is the AFP chiefs of staff (four of them) who are to blame.
Half of the congressmen present, led by Rep. Tony Roman of Bataan were clearly lawyering for Gen. Garcia and trying to parry good questions asked by opposition congressmen. Representatives Francis Escudero and Allan Peter Cayetano asked intelligent questions.
Nobody, not even chairman Roy Golez tried to dispute Garcia's repetitive invocation of the right against self-incrimination, even on basic questions or preliminary questions. It is good that Senate President Franklin Drilon reminded Garcia and the congressmen that Congress has the power under the Jean Arnault decision to compel Garcia to answer any question under pain of being cited for contempt.
It looks like Minority Floor Leader Francis Escudero is right in raising the issue of Rep. Golez's impartiality. Having been a former military officer and Cabinet member of President Arroyo, how can he be impartial?
It looks like the public will have to wait for the Senate and the Ombudsman to conduct their investigations before the real picture emerges.
Unfortunately for Generals Abaya and Garcia, their conduct in yesterday's hearing did nothing to change the widespread public perception that corruption at the highest levels of the military establishment is happening and being tolerated in the AFP as claimed by the Magdalo officers.
When one invokes the right against self-incrimination in any hearing, judicial or legislative, the public reaction is that the witness or accused is indeed guilty of wrongdoing, reinforced by discovery of more properties owned by the Garcias in Iloilo and Baguio.
For one thing, Gen. Abaya was right in describing Garcia's act abnormal. But he was clearly “abnormal” when he claimed as chairman of the AFP Savings and Loans Association Inc., he did not know how much his generals had deposited.
The total budget for the Department of National Defense-AFP for miscellaneous operating and other expenses is P10.1 billion. This is the amount that could be converted into cash. Even assuming only half is converted, that is still P5 billion. Assuming that 30 percent goes to the supplier or contractor and 70 percent is given in cash to the senior military officer concerned, that amounts to a whooping P3.5 billion in cash in the pockets and the absolute discretion of the officer concerned. That's how big this kitty is. More than enough to give everybody a share.Ahhh, I remember when GMA increased the military budget by a significant amount after Edsa Dos, at the expense of Education and Health programs -- which got less money. Nagtaka nga ang isang senator eh, "war budget" raw ang binigay ni GMA sa militar even though wala namang gera sa Pilipinas at that time.
Now we know where some of that money went. Pambayad ni GMA yan sa mga heneral for their loyalty and their participation on Edsa Dos.
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