US embassy cable - 05MANILA5647

UNCLAS MANILA 005647 
 
SIPDIS 
 
DEPT FOR EAP/MTS, INR/EAP, DRL/CRA 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, PINR, KCOR, ECON, RP 
SUBJECT: COURT-MARTIAL FINDS GENERAL GARCIA GUILTY 
 
REF: A. MANILA 2578 
     B. MANILA 1641 
 
1.  (U) On the afternoon of December 2, a general court 
martial board sentenced retired Major General Carlos Garcia 
to dishonorable dismissal, forfeiture of military retirement 
benefits, and two years of hard labor at a military prison. 
The military court found Garcia, a former military 
comptroller, guilty of violating two provisions of the Armed 
Forces of the Philippines Articles of War:  Article 96 
(conduct unbecoming an officer and a gentleman) and Article 
97 (conduct prejudicial to good order and military 
discipline).  The two charges stemmed from Garcia's alleged 
misrepresentation of the value of his assets in 2002 and 2003 
and for possession of U.S. permanent resident status while 
still a serving general.  During the court martial 
proceedings, the prosecution focused on Garcia's unexplained 
wealth in the form of real estate, luxury motor vehicles, and 
significant financial assets.  The decision handed down by 
the court martial is subject to the approval of AFP Chief of 
Staff General Generoso Senga. 
 
2.  (U) At the same time, Garcia faces the charge of 
plundering 303 million pesos (approximately USD 6 million) 
before the Sandiganbayan anti-graft court, as well as four 
perjury charges.  Under Republic Act 7080, known as "The 
Plunder Act," the allowable punishment is life imprisonment 
or even the death penalty. 
 
3.  (U) Comment: The guilty verdict handed down by the court 
martial after an eight-month trial is an extremely positive 
development in the Philippine government's anti-corruption 
campaign, and sends a strong warning to other corrupt 
government officials.  Allegations of military corruption 
have triggered investigations of several high-ranking 
military officers, and Garcia is the first to be court 
martialed under these circumstances, and may indeed be the 
most senior AFP officer ever to be found guilty in a court 
martial.  Post will continue to follow the Garcia case 
closely.  End Comment. 
 
4.  (U) U.S Embassy Manila Press Guidance: 
 
Q:  Any reaction to the conviction and sentencing of former 
General Carlos Garcia today? 
 
-- The U.S. welcomes the general court martial conviction and 
sentencing in this important anti-corruption case.  We note 
that former General Garcia also faces charges filed in 
civilian court. 
 
Q:  What was the U.S. role in this investigation? 
 
-- The investigation into this matter began with information 
gathered by law enforcement officials in the United States. 
U.S. and Philippine law enforcement authorities cooperated 
closely during this investigation, resulting in a successful 
conviction. 
 
Q:  Is Garcia under investigation in the U.S.?  What is the 
status of that investigation? 
 
-- U.S. law enforcement authorities are carrying out an 
investigation of former General Garcia in the United States. 
We cannot provide details, as the investigation is still 
ongoing. 
 
Jones