Weak deterrence
Penalties are imposed to serve as a deterrent against crime. The de- terrence is inevitably weakened when it takes an eternity for justice to take its course.
Snail-paced justice is among the biggest hindrances to the development of a society where the rule of law prevails. This glacial pace is again being seen in the corruption case filed against retired Maj. Gen. Carlos Garcia, who was indicted for illegally amassing P303 million when he was military comptroller from 1993 to 2004.
Garcia was originally charged with plunder and money laundering in 2005 and 2009, respectively. Under a deal he struck with then ombudsman Merceditas Gutierrez, Garcia pleaded guilty to the lesser offenses of direct bribery and facilitating money laundering before the Sandiganbayan in December 2010.
The Office of the Solicitor General challenged the validity of the plea deal before the Supreme Court, which issued a temporary restraining order that halted the Sandiganbayan proceedings. The TRO was lifted only in 2020, when the SC upheld the plea bargain.
Last week the Sandiganbayan finally convicted Garcia and sentenced him to eight to 14 years for direct bribery and facilitating money laundering. He has been serving his sentence for two corruption cases at the New Bilibid Prison in Muntinlupa since 2011. The anti-graft court also ordered Garcia to pay a total fine of P407.8 million, with corresponding imprisonment if he cannot pay. Perhaps his codefendants who are at large – his wife Clarita and their sons Carl, Juan Paulo and Timothy Mark – can come up with the enormous amount. Upon his retirement from the military, Garcia also reportedly received a “pabaon” or send-off money amounting to a whopping P165 million.
After nearly two decades of litigation, this case could still go to the SC for a final ruling. It’s the same with other high-profile cases involving billions in public funds, among them the 2004 fertilizer scam and the pork barrel scam, which involve multiple defendants.
It shouldn’t be impossible to speed up the administration of justice. Other countries can rule quickly with finality on court cases, even if prominent or notorious personalities are involved.
Apart from speeding up adjudication, the judicial system can use a merit-based system of appointment and promotion, insulated from politics and influence peddling. Owing favors to politicians and expecting help in career advancement from parties in court cases have seriously undermined the administration of justice in this country. The damage should not prove to be irreversible.