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ON THE OTHER HAND
Plunder and Gen. Garcia
By Antonio C. Abaya
Written March 22, 2005
For the
Manila Standard,
March 24 issue


The story first broke out in August 2004, in an apparent deliberate leak from the US Government to Philippine media, that in December 2003 two sons of Maj. Gen. Carlos F. Garcia had been detained at San Francisco International Airport for trying to sneak into the US $100,000 in cash without the necessary Customs declaration.

The story got bigger because their mother, Clarita D. Garcia, trying to wiggle her sons out of their mess as well as trying to retrieve the confiscated $100,000, signed a sworn statement in April 2004 before US authorities admitting that �I always declare the money when I bring it into the US. I declared the money in 1993, in 1995 when I had a medical operation. I declared $100,000 on December 17, 2003. I also declared $200,000 in January 2003�.�

Apparently asked to explain their sources of income, Mrs. Garcia wrote in the sworn statement that their money comes from two corporations, a daycare school, and her husband�s job as a two-star general in the Philippine military. In addition, she said, �(husband) Carlos receives travel money and expenses in excess of several thousand dollars. I often travel with my husband on business and my travel expenses and shopping money in excess of US$10,000 to $20,000 is provided to me. He also receives cash for travel and expenses from the businesses that are awarded contracts for military hardware. These businesses are in Europe and Asia. He also receives gifts and gratitude money from several Philippine companies that are awarded military contracts to build roads, bridges and military housing�.The expense money, gratitude money and shopping money is not declared as income�..�

Although the military high command apparently heard of the San Francisco incident soon after it happened, its �investigation� was discontinued �for lack of evidence,� and then AFP Chief-of-Staff Gen. Narciso Abaya (no relation) did not remove Gen. Garcia from the office of comptrollership until February 2004.

Military court-martial proceedings against Gen. Garcia were not started until January 2005, or 13 months after the San Francisco incident, and the charges were only for the minor offenses of perjury and falsification of public documents, not for unexplained wealth..

It was subsequently revealed in media, after August 2004, that the Garcias own real estate in the US: a $765,000 condo on 502 Park Avenue and a $750,000 apartment at 222 East 34th Street, both in New York City, and a house in the town of Westerville, Ohio, of undisclosed value. It was further revealed in media that there are at least eight luxury vehicles registered in their names at the Land Transportation Office, and that Gen. Garcia maintained 40 bank accounts in several Philippine banks. All this from a monthly salary of P37,000 as AFP deputy comptroller.

Although the Office of the Ombudsman was officially informed by US authorities about the San Francisco incident on September 10, 2004 (as clarified by assistant Ombudsman Melchor Arthur H. Carandang in a letter to me) and although much information (such as the above) about Gen. Garcia�s alleged wealth had appeared in media since then, the Ombudsman did not move to investigate Garcia for plunder until Private Lawyers Frank Chavez and Mario Ongkiko and their organization Clean Hands Inc. filed a complaint with the Ombudsman on March 15, 2005 for plunder against the general and John Doe, Jane Doe, James Doe and Joel Doe.

Ombudsman Simeon Marcelo apparently feels he has been upstaged by Frank Chavez et al and, in a move at one-upmanship, claimed that Gen. Garcia�s alleged unexplained wealth totals P285 million, not P108 million as alleged by Chavez et al in their complaint. (
Manila Standard/Today, Mar. 17.)

Whichever is the correct figure, the public should applaud Chavez, Ongkiko and Clean Hands Inc. for their bold initiative in finally moving this case to the legal forum in which it belongs. The military court martial is not likely go beyond perjury and conduct unbecoming; too many top military brass might be implicated if it went deeper.

In their complaint for plunder, Chavez, Ongkiko et al submitted eleven annexes to support their case, including US Customs reports evidencing transfers of dollars to the US by the Garcias and declared by them: $15,000 in 1993, $10,400 in 1995, $100,000 in 2003, and $204,230 in 2004; foreign currency certificates of time deposits in 2002 with Allied Bank for $75,000 and $30,000; the report of US Customs regarding the $100,000 seized in San Francisco in December 2003; a purchase agreement with Trump Park Ave. Condominium for one unit worth $765,000; and Clarita D. Garcia�s sworn statement to US authorities trying to explain a) why sons Juan Paulo and Ian Carl did not declare the $100,000 in December 2003; and b) how and where the Garcias earn their money.

Also submitted in the complaint as Annex B and Annex G were two articles written by me for the
Manila Standard: �Corruption and Taxes� (Feb. 02 2005) and �GMA and Garcia�(Oct.28, 2004).

In �
Corruption and Taxes�, I had written, among other things, �Why would anyone need 40 personal bank accounts in his name, for chrissakes? It can only mean that each account is likely a parking space for somebody else who does not want his or her name to appear in the bank documents but who is actually the beneficial owner of the money stashed in it as his or her share of the money accumulated by Gen. Garcia by whatever means�.� Hence, the Jane Doe, John Doe, James Doe and Joel Doe in the complaint.

In �
GMA and Garcia�, I had written, among other things, that based on media reports (principally in the Philippine Daily Inquirer), the Garcias transferred to the US at least $425,000 while Gen Garcia was with the logistics command or the military procurement office (1989-1996), and another $960,230 when he was AFP comptroller (2001-2004). No money seems to have been transferred when he was assigned to the army corps of engineers (1996-2001).

Frank Chavez and Mario Ongkiko are to be congratulated for their bold initiative. This is said to be the first in a series of plunder cases that they intend to file against the proverbial big fish.
Abangan ang susunod na kabanata.

It is no longer enough to write kilometric essays lamenting the ills of our society, as we columnists and editorial writers do. It is no longer enough for NGOs and other do-gooders to hold endless seminars, workshops, prayer meetings and other fora to discuss and analyze why we have become the second most corrupt country in Asia.

The battleground must shift to the courts, and we need fearless �generals� like Frank Chavez and Mario Ongkiko to lead the attack. *****

AN APPEAL. If you agree that Chavez et al. are doing the right thing in filing these plunder cases, be open with your words of encouragement and support. Forward this article to your friends, colleagues, egroups and relatives and ask them also to express their solidarity with our fearless �generals.� Remember, YOU can make a difference if we act as one. Send all reactions to
[email protected], copies furnished to Chavez (at [email protected]) and Ongkiko (at [email protected]).  

Reactions to
[email protected] or fax 824-7642. Other articles in www.tapatt.org.


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Reactions to �Plunder and Gen. Garcia�


Mr. Abaya,

Indeed a glimmer of hope that we have people like Mr. Ongkiko and Frank Chavez who take the initiative in their personal capacity to rid our society of corruption.  Whatever these government lieyers errr I meant lawyers say about these two gentlemen are irrelevant, out of whack and only shows their lack of political will to prosecute powerful big fishes lurking in the government coffers. They should at least work in tandem with them and not try to show who can pee longer and farther that only shows infantile behavior in combating the scourge of our society. May Frank Chavez and Mario Ongkiko's tribe flourish and hope to see more lawyers of the same mould take an active role in bringing the big kahunas of the corrupt kind where they belong.......... in JAIL.

Ren Arrieta, [email protected]
California, March 25, 2005

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Finally there are still brave men in existence like Chavez and Ongkiko. May you continue to pursue the plunder case against the corrupt General Garcia. Keep up the good works and we�re so proud to know that  there�s still someone that cares.

Rachel Chavez, [email protected]
March 25, 2005

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Dear Mr. Editor,

Salamat sa inpormasyon at mga katotohanan na iyong isinulat.

Ako ay naniniwala na ang Pilipinas ay isa sa mga pinakamagagandang bansa sa mundo pero pinapapangit ng mga taong katulad ni Gen. Garcia at iba pang mga taong may makasariling intensyon lamang ang gusto. Mayaman ang ating bansa sa mga natural na yaman pero iilan lamang ang nakikinabang, mga taong walang kasiyahan sa kayamanan.

Napakarami nating mga batas na ginawa tungkol sa mga parusa sa mga taong nagkakasala pero hindi naman naisasakatuparan. Ang Pilipinas ay isa sa mga bansa na maka-Diyos at maituturing na mga banal ang tao pero hanggang sa salita lamang.

Panahon na para sa pagbabago, magising sa katotohanan, ipaglaban ang nararapat, parusahan ang mga may kasalanan, at magkaisa tungo sa kaunlaran. Ang problema sa mga pilipino ay sobra sa talino kaya walang nangyayari puro diskusyon. Tuloy hindi na alam kung ano ang dapat unahin na batas na dapat ipatupad at mga programa na dapat gawain.Ang sa akin lang ay sana tayong mga pilipino ay magtulungan, makinig sa opinyon ng iba at sumunod sa mga batas bago tayo magrelamo.
Kaibigan

Oscar Barawid, [email protected]
March 25, 2005

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Dear Tony:

Way back during the decade of struggle against the Marcos Dictatorship,
Attys. Chavez and Ongkiko earned their badges of honor as true
WARRIORS (Mandirigma!) of the Filipino People.  They used their
profession as lawyers to fight injustice, oppression and corruption.
Remember the Negros Massacre, Frank? Remember the Ninoy Aquino
Assasination, Mario?

How can we forget? Make sure your tribe increase, the next generation
of Filipinos may need more future Marios and Franks.

Gen. Garcia is just the tip of the corruption in the AFP, go higher and
get us a couple or more wearing FIVE STARS! They know, they direct and
profit from massive corruption in the armed forces. Pity the foot soldier
who fights on worn boots, empty stomach, 5/6 loans from Finance Officers.

You both have fought Marcos, anyone equal or less should be easy! My
Family and I pray for you. I would if I could help you, whatever.


Rene Tababa, [email protected]
Santan St., Mapayapa II
Quezon City, March 25, 2005

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Dear Mr. Abaya:

We can only resolve the problems in money laundering and money plundering if we have strict laws that accounts for every centavo and dollar in the Philippines.

Anumang klasing petition laban sa mga ganitong klasing kamalian at kabulastugan ay walang katapusan, dahil walang tamang batas na umiiral para kontrolin ito.

Jess Guim, [email protected]
New York City, NY, March 25,2005

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In our present society, far greater value is given to the acquisition of
wealth rather than moral uprightness.  Integrity is something that cannot be
understood anymore.  "From what we get, we can make a living; from what we
give, however, makes life."

Marilu C Soriano, [email protected]
March 25, 2005


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Dear Tony:

If courts (or media) are the battleground, then this may be a lost cause, knowing how corrupt both are (with  apologies to the honest journalists and judges who are obviously in the minority).

The real answer might be for each sector to clean up its own backyard.  Junior officers can clean up the AFP - and there seem to be a majority now ready to do that.  But who will do the media, judiciary and business?  And what about the legislature and the
executive? 

On second thought: maybe junior officers should just set up a revolutionary government - then mandate each sector to clean up, or else.

I know it's dangerous and uncharted.  But these are desperate times.  So desperate measures may not be all that strange.

Tito Osias, [email protected]
March 25, 2005

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Dear Tony,

I have always declared when in public that we should not depend on government agencies and officials to cleanse themselves. there is no such thing that squealers would be protected!!  Chavez an Ongkiko with their initiatives deserve to be supported, funded, and encouraged for their courage.  If groups like Kilosbayan, the Churches that are concerned, and individuals will show their fangs, I believe a strong momentum will be created and the rascals, corrupt officials will know the public's wrath.
Just to let you know Marilou and I thoroughly enjoy your articles, and we have filed a couple of bills in the Senate these past two weekss that are entitled " The sunshine law" patterned after the sunshine law in several states in the US: and " Truth and Reconciliation Law" patterned after the Laws that have been found effectively implemented in countries like H ongKong, Singapore, etc. to allow occasional officials to come clean and if not get caught in a continuing audit and investigation from tough independent agencies.
Your friend and great admirer,
You bet!   jun Magsaysay

Ramon Magsaysay, Jr., [email protected]
Philippine Senate, March 25, 2005

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We've all suffered as a result of corruption!!! It�s about time that
we do something very radical before the young ones will learn the
tricks of the trade...  I just hope and pray that you do not lose hope
and strength to go after these bastards of society!!!

Poker_1990, [email protected]
March 26, 2005

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Gentlemen,

I commend you on some fine investigative journalism.

You have taken a big bite and now you have to chew it. Let me express a view point on some of the dangers, and how they arise.

Corruption as we know it is not as visible as it appears in this case. Where endemic corruption is sustained, it has to be pervasive and incorporate the top 10% of every tier of every department of every institution or business within the whole country.

The CEO of WorldCom tried to plead that he did not know what his underlings were doing. Even the not so smart people realized that this was not possible.

The top usually has to be in cahoots with lower levels in order to make it all work. In addition there usually has to be lateral and upward knowledge on all sides as the what the procedures are, just in case one of them inadvertently lets the cat out of the bag.

General Garcia is not the big fish. He is in the school of fish which are milking the system. Probably all the way up to the Chief Executive.

The "Establishment" has two options. Sacrifice Garcia and kill him before he can point fingers. Or make sure that nothing ever comes of the conviction.

Personally I think they may have to kill him. However the legal system is so porous and the judges so inept and easily bought because of their own indiscretions, nationalism or hard cash. It is possible to go through a sham court case and get him off. Or at worst a cop-out plea bargain.

There is absolutely no way that the light of day can be allowed to shine on this affair. At best a very murky show trial. Remember the strings are tied to a lot of people who do not want to be fingered.

Not to belabor the point but the fact that you gentlemen need moral support and encouragement to proceed, is a symptom of the disease.

If there was a functioning judicial system, the matter would already have been engraved in stone, axiomatic and automatic.

If you gentlemen represent the link between him and his trial I suspect you may already be in mortal danger. The instructions will come from very high up.

It is within the bounds of reason to suspect that the US may have some vested interest in this affair and they may exert influences that are not evident. This is classical CIA stuff. I would not trust American geopolitics for even a second.

The ruling class have to close ranks, because; Garcia today, them tomorrow. The system can not be allowed to work as it should.

A plea bargain buy off may be enough to fix the problem if it gets to trial.

I would suggest that in these corrupt times you make a plan B. If the ruling class want to whitewash it, go with the flow. As I read my history of successful revolutions, now is not a time when Heroes will be saved by events or even by the masses. This system is securely in the saddle. The government directives and threats against corruption are just smoke and mirrors. The Ruling class has no intention of changing from, business as usual. Those who are not with them are against them.

I wish I knew the answers.

Regards.
Graham Reinders, [email protected]
March 26, 2005

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Dear Mr. Abaya,

Kudos to Frank Chavez and Mario Ongkiko ! I agree with you that all upright and decent Filipinos should affirm their solidarity with these two crusading lawyers to give hell to all the big-time corruptors. The shame and vilification campaign should include the immediate family of the corruptor: the wife/husband, children, brothers/sisters, in-laws, bayaw, mistress/loverboy. The campaign should be relentless to the point that they should commit suicide, to redeem honor.

In line with this campaign of shame/ vilification, the tri-media should be used to utmost, particularly to the two warring TV networks. Instead of the usual garbage they spew, they can make themselves useful to the national interest by focusing their attention to these big-time miscreants. Expose these cheats, their mistresses, their lavish tacky lifestyles. Monitor the corruption level at the BIR, Customs, DPWH, Armed Forces etc. Produce a reality show on a day in the life of the mistress of General John Doe. TV producers should be more creative.

And by the way, where does the confiscated stolen loot goes ? Does it go to the National Treasury ? Those smuggled goods that are caught at the customs, where do they wind up ? Is there somebody monitoring these things ? Please advice.

Auggie Surtida, [email protected]
March 26, 2005

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We support and encourage you and the fearless "generals" with our moral
support and prayers. Take good care of yourselves, please. You don't know what lurks in the minds of evil doers. God Bless!

Tom and Ruth de Guzman, [email protected]
March 27, 2005

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Hi Tony,

I have been following your column for sometime now, and have always
wanted to email you ..but somehow postponed doing so.
But now, I am compelled to email you to give you support as well as
Chavez et al ... for at last, someone is trying to do something concrete
and brave, and you are calling for action. That is what our country
needs .. mass action in the right direction.

More power to you. 

Roger Olivares, [email protected]
Atlanta, Georgia, March 27, 2005

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Dear Mr. Antonio Abaya,

Corruption can be controlled more effectively by encouraging and protecting whistle blowers to report anomalies in their own departments. In the U.S., Canada, and other countries like Australia, laws are being written to protect  whistle blowers from retaliation from their superiors.

The Philippine government should make the same mouse trap or should I say giant fish trap. Our two fearless "generals" like Frank Chavez and Mario Ongkiko who are already
leading the charge should be supported.

Sincerely yours,

Emil Diaz, Jr., [email protected]
Vancouver, Canada, March 27, 2005

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Mr. Abaya � Please send us all your articles regarding unexplained wealth cases in the Philippines.

Rollie Villarba, [email protected]
March 27, 2005

MY REPLY. You may access our website at www.tapatt.org where all my articles since 2001 are archived and indexed according to date and subject matter.

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Dear Mr Abaya,

Thank you for the article on the plunder of Gen. Garcia. Indeed together as one we can make a difference. I praise Mssrs. Chavez and Ongkiko for gathering the will and courage to commit themselves to such an endeavor. That voice beyond the wall that galvanized people to commit themselves in EDSA I and EDSA II may still be there. If our leaders could not gather the will and courage to commit themselves to that voice then let the people once again commit themselves to that voice thru this mode that you are initiating.

Jorge Matanguihan, [email protected]
March 27, 2005

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Dear Mr Abaya,

I completely support this move of Chavez ,Ongkiko and their organization, they are among the very few courageous patriots of our country who actualy put action into their words. As you very aptly wrote, we must step up one level beyond writing dissertations or having fora analyzing what went wrong, it is time to indict all known grafters so that at least those who are having thoughts of further plundering this nation will realize that people are no longer apathetic.

If somebody will start up a fund to support this movement, I am willing to contribute in my own humble way.

Regards,

Rey Abella, [email protected]
Tarlac, March 27, 2005

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This is to throw in my support for the brave Chavez and Ongkiko.  May their actions lead to a cleaner government and politics and a true Philippines.  Shame on these public officials, including those 40 officials who are the true owners of Garcia's bank accounts.  But alas , they do not know the meaning of the word.

Pauline Paguia, [email protected]
Southern California, March 27, 2005

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Presumably Attorneys Ongkiko and Chavez have access to evidence in possession of the state prosecutors, otherwise their plunder complaint will not stand in court. Private lawyers must assist the ombudsman in the prosecution of this case as well as other cases.

The limited budget of the ombudsman means each state lawyer in the office of the ombudsman prosecutes on the average three cases a day.

To preserve the evidence we should maximize the use of modes of discovery and interrogatories to the parties to the case, so that the testimonies of witnesses can be preserved on the record as soon as possible.. Many cases fail because the witnesses had no chance to testify for various reasons.  When the counsel of the accused participates in this process then the ends of justice are served.  Look at the recently approved circular of the Supreme Court on this matter. Preservation of testimony on the record lessens the pressure for witnesses to change their minds or succumb to silence

We should follow and support the example of Atty Mario Ongkiko and Atty Frank Chavez

Adrian Sison, [email protected]
Lawyer-Broadcaster on 104.3 fm DWBR
March 27, 2005

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Hi Tony,

Happy Easter to you and Marica. One thing with getting on in years, we get to accept things we cannot or dare not change. But on the other side, we also get to prioritize what are important in our senior years. Setting the example is a big thing to my father, even as early as I can remember, He would not lecture, but he certainly did act and act decisively and boldly if needed. I believe that set him as a good leader during those simpler and less complex times. Frank Chavez and Mario Ongkiko certainly acted with courage and initiative in filing the case against Gen. Garcia. I am positively sure the Pres. herself privately admired their action. She needs all the help of the civilian population especially of individuals like you who remain credible and readable.

Just some thoughts this Easter Sunday morning here in San Francisco while I wait for Marilou to finish dressing up for Mass. Entonces, hasta luego y enjoy su familia, amigo!!
Jun


Ramon Magsaysay, Jr. [email protected]
March 28, 2005

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The position paper authored by Gen. Fortunato Abat whom I respect does not make sense. He wants the Supreme Court and AFP to take the helm of a transition government after a coup d'etat is staged ousting Gloria Arroyo.

Besides being stooges of the Malacanang occupants, Chief Justice Davide and some of his associate justices as well as many top ranking generals of the AFP and PNP are notoriously corrupt and morally bankrupt. Why would we then replace a corrupt and morally bankrupt individual with another corrupt group of individuals of the same category?

My unsolicited advice and I hope the idealistic and still morally upright junior officers are reading this, is for them to pick a well respected jurist (even a retired one) to head the junta which will be composed of representatives from the education, business, religious, media, civic clubs and military sectors. The Philippines is on the road to perdition and what we need is a kind of renaissance which will hopefully paved the way to morality and prosperity.

Narciso Ner, [email protected]
March 28, 2005

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I had a complaint against a city fixcal last heard a year ago. Till now there is no resolution. A very simple case.

Ombudsman? Another useless institution. Let's just have a revolution.

Ross Tipon, [email protected]
Baguio City, March 28, 2005

MY REPLY. You make it sound so easy. Why don�t you start one?

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We have seen so much corruptions that go on unpunished in the Philippines.  It is imperative for this case to go on and seen that this case be processed expeditiously.  Perhaps, a swift trial (not one that will drag on until it is again swept under the rag) will bring back the faith of the Filipino people upon it's government and make others think twice about adding to the graft and corruption that is so ingrained in our government.

My whole family's prayers that we could clean up our act as a people and bring back integrity among the people.

Jose Acierto, [email protected]
March 28, 2005

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Tony, our country is plunged into poverty mainly because of corruption and the acts of plunder by the likes of Marcos, Erap and Gen. Garcia.  It's pure greed exhibited by those in power who are not contented with stealing just a little. Why can't we have "clean" officials?  I've long envied Singapore.  I salute Messrs. Chavez and Ongkiko, and I wholeheartedly support their efforts to pursue this case.

Regards,

Yett Montalvan, [email protected]
March 28, 2005

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Congratulations for calling the attention of the public about what Chavez and Ongkiko are doing to stop graft and corruption.  I know you have also been calling on  the public to bear on the corrupt officials of government.  I guess until our leaders, the President & her cabinet, the Senate, Congress and the Supreme court really show the example of what it means to serve the people with honesty and integrity, corruption at all levels of government will continue.   I still hope for a break in our culture of corruption, sooner than later. 

Best regards. 
Rogelio L. Singson, [email protected]
March 28, 2005

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Thank you for writing the column where you exposed Gen. Garcia�s plunder of the country�s wealth and the way he rose from rags to riches through his military connection. That military officers have become rich in the course of their tour of duty is an accepted norm and no longer springs a surprise. I don�t know how they do it, but they do amass substantial wealth. I know of one retired general who bought tracts and tracts of rural land in Indang, Cavite. He was paying in cash, large bundles of cash like he owned the bank. Now he owns a great part of Indang, and I just don�t know if his other general-friends have done the same buying spree in the same area.

It�s people like you who can help expose the anomalies of the people who are supposed to help us, the Filipino people. We don�t need bantay-salakays like Gen. Garcia and his fellow officers.

And it�s also lawyers like Frank Chavez and Mario Ongkiko who could be greatly instrumental in hauling these jerks to jail. May their tribes increase!

Thanks for doing this bit for our country. As my humble contribution, at least initially, I have forwarded a copy of the column item to my friends here and abroad.

Congratulations and more power!

Nito Gatus, [email protected]
March 28, 2005

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Dear Mr. Abaya,

        I hope your article will awaken Filipinos to action against corruption. You are doing a service to the nation.

        More important, I take my hat off to Atty. Chavez and Atty. Ongkiko for having the courage to file the plunder case. I hope they will succeed. What can little "soldiers" like me and other citizens do to help? I have volunteered to be a private sector observer in the Bids and Awards Committee of one government agency in connection with the Coalition Against Corruption project c/o the Makati Business Club.

Magdaleno Albarracin, [email protected]
Phinma, March 29, 2005

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I congratulate, you too, Tony together with Mario and Mr. Chavez for
this courageous step to clean up our country. Let this first step to a
giant leap not falter! May your tribe increase!



Dr. Rodolfo M. Villarica, [email protected], [email protected]
March 30, 2005

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Accolades to my dear friend, Mario Ongkiko.

Chuck McDougald, [email protected]
March 30, 2005

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Mr. Abaya,

Our unit at the World Bank deals with issues of Anticorruption. For this reason,
I am writing on behalf of the Anticorruption and Governance Thematic Group to
request your written permission, to post your article dated March 22, 2005 as
written for Manila Standard (attached below) on our website at
http://www1.worldbank.org/publicsector/anticorrupt/index.cfm.

Your name and other relevant citation will be e appropriately noted and a link
to the corresponding webpage will be sent to you accordingly.

Your prompt response is greatly appreciated.

Best regards,
                                                                                            
Monica C.O.T. Bascon, [email protected]                                
Information Analyst                                 
Public Sector Governance                            
Poverty Reduction and Economic Management           
The World Bank , Washington DC, March 30, 2005                                     
                                                                                            
The World Bank, 1818 H Street, NW                                                           
Washington, DC 20433                                                                       
Mailstop MC4-416                                                                           
Tel: (202) 458-2210 Fax: (202) 522 7132                                                    


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Bravo!!!  Our country needs more men like you who have the courage to speak
up when injustice is done.  Let justice be done, though the heavens fall.

Sincerely,

Ben-Hur L. Malana, Jr., [email protected]
San Miguel Packaging Products
Contract Packaging group
March 30, 2005

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(Forwarded)

Please pass this on to those who have love for the motherland.  We need to do our share and save our beloved Pilipinas.

Happy Easter to all!

Maricel Bretault
World Bank, Washington DC
March 25, 2005

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Hi Mr. Abaya,

I think Mr. Chavez et. al are doing the right thing, 'am just afraid that
it might complicate what Simeon Marcelo et. al. are planning to do, we
might end up empty handed because of the conflicts.  Sana 'wag naman. We
need more of Mr. Chavez et. al.

Hey, aren't you 'gonna write something re department of finance's program
of BOUNTY for whistleblowers? Was it spearheaded by Cesar Purisima? Oh,
boy, 'can't believe Cesar doing that. Ibig ba palabasin ni Cesar na hindi
nya alam kung sino ang mga 'big tax cheaters.' Do you believe SGV don't
know of anyONE who evaded or is still evading?

Hmmm, what I know is that SGV knew what their clients are doing, it's such
that they can not disclose it, however, they are obliged to advise their
clients of the risks they are taking. In the end it's still their clients call.

But I can't believe na hindi alam ni Cesar kung sino ang mga evaders na
'yun. BELAT nya!!! Don't you think he should be disqualified at least in
this area? He has covenant with his PREVIOUS clients, how can he be
effective in running after them?

Best regards, keep on writing!!!

Eduardo de la Cruz, [email protected]
March 30, 2005

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We are grateful to the Lord for men like Frank Chavez and Mario Ongkiko and their Clean hands, Inc. for filing a complaint for plunder against Major General Carlos F. Garcia et al with the Ombudsman in their private capacity as lawyers. " In their private capacity" means that they are spending and will be spending many hours preparing evidenciary documents, briefs and pleadings, plus trials in the ombudsman Court, at their own expense, in the interest of justice, truth and the defense of the nation against graft and malfeasance especially when the suspects are men holding positions of trust and using their power in office to enrich themselves.

Just think what a million pesos saved from corrupt men in office could mean:
           We have trillions in debts to settle
           Countless hungry to feed
           Unsheltered thousands to house
           Classrooms and desks to provide
           Medicines and hospitals for indigent jobless and sick or dying in our very midst....
   
Only a heart covered with the ulcers of greed; eyes blinded in the quest for wealth and luxurious living; hands calloused by repeated grasping of " gifts" in exchange for " favors" obtained from wrongful and illegal transactions could be so lacking in conscience that the guilty can continue to profit from graft and deceitful transactions to the detriment of our suffering masses, unconcerned with the notorious infamy their misdeeds have earned for our beloved country they so much abuse, uncaring of its reputation in the eyes of the whole world. For as long as there are Filipinos like Chavez, Ongkiko and organizations like Clean Hands Inc., who dare to bring V.I.P. malefactors to the courts, there is hope for the Filipinos of Rizal's time to break through to the surface, cleanse and redeem the sacred name of the Philippines as a God-loving, God-fearing nation

Dolly Escobar, [email protected]
March 30, 2005

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Keep up the good work sir!

Ang kapal ng mukha niyang si Garcia na yan!  Isa pa iyan si Narciso
Abaya dapat imbestigahan yan.  Pumutok lang ang balita kaya napwersa
iyan na imbestigahan kuno si Garcia.  West Point graduate daw! pwe!
kasama rin iyan.  Ang taas-taas pa naman ng tingin ko diyan noong
maupo mukhang straight yun pala bulok din.

Walang silbi ang PMA dapat buwagin na iyan. 

Si Efren Abu bakit may $7000 sa bahay nya na nanakaw daw noong holy
week?  Wala pang P50,000 a month ang kita niyan ah?  Nagtataka lang
talaga ako, mas malaki pa ang kinikita ko buwan-buwan sa mga iyan pero
hindi ko kayang magmantine ng kotse, nakatira ako sa socialized
housing sa Cavite, dalawa lang ang anak ko sa elementarya, isa lang
ang katulong ko  ang asawa ko pa nagtatrabaho pero hindi namin kayang
kumilos o gumastos na parang mayaman.  Pero ang mga putang-inang mga
ito makikita mo palaging sa mga hotel lobbies, nag-gogolf at kung
ano-ano pa.  Pasensya na kayo, hindi ko talaga maintindihan.


Kudos din sa PCIJ ang galing.

Manny Sierra,
March 31, 2005

PS. Kaya lang may pagasa pa ba ang justice system natin?  Tanong lang.
kasi wala pang nangyayari sa mga kaso ng Marcos, Cojuangco, Disini,
Dewey Dee, PEA Amari, Gatchitorena Land scam at marami pang iba.  Ang
nalaman ko lang na nakulong na high-profile ay si Sofronio Blando ng
Agrix hindi pa public official.  Saka 25 years ago na ata iyon.

Marang salamat po at mabuhay

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Dear Mr. Abaya,

        I would like to send my congratulations and support to the "Fearless Generals" Frank Chavez and Mario Ongkiko. I have sent earlier messages through another channel but I don't know if they have received it. In any case, I admire the courage of Messrs Chavez and Ongkiko. I have always wondered why the cases against Garcia does not reflect his real offense of stealing from the government coffers. In a paper written for a UP conference last November 19, 2004 (full text attached), I argued that the "The cases against Garcia do not reflect the heinous crime of plunder or stealing government funds.  And the AFP is trying its best to contain the problem. For indeed, the generals and officers know that the trail of corruption goes way up � to former generals, cabinet members, big businessmen and lawmakers who use the AFP as a conduit for their pork barrel." 

        The case of plunder filed by Chavez/Ongkiko hopefully will "squeeze the balls" of Garcia for him to come down from his smug disposition. I hope that he will open up given the risk of death penalty -- but I have my serious doubts. The heads of too many government officials  and ex-generals will roll, including perhaps some of your friends. There will be a great political crisis, not unlike EDSA 1 or 2,  if Garcia decides to do a Chavit. But perhaps, that is what the nation needs again to fight corruption and rebuild government. I quote the same paper:

"Even if prosecuted, Garcia may only end up as a sacrificial pawn to protect the other generals and politicians who have it in their best interest that Garcia keep his mouth shut.  This will be a test case for GMA and the AFP on how far they will go to curb corruption in the military, an often-cited reason for destabilization and coup attempts. Given the political risks and the influential personalities involved, we can expect flippant efforts, cover-ups and story spinning and an eventual whitewash. There is too much at stake here which could lead to a serious political crisis. Imagine if Garcia decides to do a Chavit and openly talk about the corruption in the Armed Forces. Not only ex-generals will be affected but also lawmakers, big businessmen and even the President."

Word from reliable sources in the AFP is that, indeed, Garcia was laundering money for many people, hence the many bank accounts. The fact that he was retiring soon made it even more appealing as being retired, he will be outside the radar screen. Moreover, he knows what AFP funds were diverted and used by the GMA administration for the last election (converted operational funds like CAFGU, CPLA, etc.) This, while the soldiers are dying in the field for lack of supplies and medical attention.

I am very disappointed in General Narciso Abaya for not taking a stand and choosing the "harder right" than the "easier wrong" as we had been taught at West Point. He was aware of how serious Garcia's offense was and he merely transferred Garcia to another job. How professional and honorable it would have been if he and the AFP filed the case. Him and the other generals quibbled about "conversion" when asked by the Senate. They lied and brought shame and dishonor to the Officer Corps and the Armed Forces of the Philippines. They have violated the Officer Honor Code -- " An officer does not lie, cheat, steal nor tolerate those who do". The generals have lied, cheated and stolen from the Filipino people. They are not merely thieves, they are murderers for whatever millions they steal or divert is money taken away from the supplies, provisions and medicines of the soldiers who are fighting and dying in the field. 

One of the basic tenets of leadership is to set the example and the AFP leadership has miserably failed in this regard. How can the generals set the example with their unprofessional and corrupt conduct? The Officer Corps and the AFP needs to be overhauled. For beyond corruption, the larger issue is the reformation and rebuilding of the AFP. With these kinds of generals, what can the Filipino people expect of their officers and their Armed Forces?

The case of plunder comes at a time when public interest in the case seems to be waning. And this is what the propagandists and story spinners in Malacanang and the AFP would like to happen -- that the public will forget. And I applaud the courage and conviction of Atty. Frank Chavez and Mario Ongkiko. I also applaud your own courage Mr. Abaya, for ensuring that this issue is not forgotten. I know that the risks are enormous and the stakes are high. And do the people care? Certainly not the Commander in Chief nor the other politicians and ex-generals who will be caught in the web. Knowing the risks and still doing it is moral courage. You and these two brave gentlemen have taken the road  less travelled and have done the "harder right" and no matter what happens to the Garcia case, I am convinced that "moral courage" is still greater than mere 'physical courage" -- something that our generals may have more but certainly lack the former.

I wish you, Atty Chavez and Mario Ongkiko the best of luck and more power.

To the fearless generals. Attention! Present Arms! Salutes!

Rene Jarque, [email protected]
March 31, 2005

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Dear Atty. Chavez and Atty. Ongkiko,

I read Antonio Abaya's March 22 piece on 'Plunder and Gen. Garcia' and was outraged at the false daring of Garcia and his family. I am glad that there are people like you who are willing to champion the case of the Filipino people in the legal arena.

I've sent the Abaya article to my friends. Thank you for being brave.

Teresa Taningco, [email protected]
Doctoral Fellow, PhD in Policy Analysis
644 Ashland Ave., Santa Monica CA 90405
March 31, 2005

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(After I acknowledged his first email, addressing him as �Gen. Jarque.�)

Sir, thank you for your email. Actually I am not the famous General but the infamous Captain. My dad, retired General Raymundo Jarque,  is PMA class of 61 while myself, former Captain (resigned) Rene Jarque, is USMA, West Point class of 86. We're both RJ in initials so the mistaken identity is understandable. But I am sure that we're both glad for the mix-up. He becomes younger and I become famous, ha ha. I am presently working in Jakarta as an executive for an Indonesian conglomerate. I was a convenor of the anti-corruption group ACT NOW together with Frank Chavez in 2003 when the Oakwood and PIATCO scandals came out. 

Thank you for putting the paper in the website and your reference section. Hope you are well.

Rene Jarque, [email protected]
Indonesia, April 01, 2005

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(Letter to God Requesting Support for Mr. Antonio Abaya, Atty. Frank Chavez and Atty. Mario Ongkiko)

Dear God,

We have made so many requests from the time we were born, I guess one more will not matter. Thank you.

The Philippines is now ranked # 2 in the most corrupt country/government in the world list. We don't have to tell You who made it so because being God, You already know.

There had been so many groups or individuals (past, present and hopefully future) who set aside their careers, personal gain and put their lives on the line not only on one occasion to expose those involved, but sad to say almost always, evil wins over the good. The hope that one day they'll face You is consolation for now.

Recently, the military has been racked by another expose' of general(s) and their cohorts stacking away millions of dollars, acquiring condos, apartments, houses not only in the Philippines but in the USA too. I'm sure You've seen the insides of their homes as You are everywhere, right? You must have been scared shit when You went for a ride with them in their numerous cars huh? And boy, the parties...or feasts...did you see who got drunk or who took home doggie bags? Siguro isip nila, someday, kami na rin magpa-paparty (weather-weather lang di ba?)

We heard the case(s?) were already filed in the court. What court God? Their court? Oh, my God!!! Aren't they under their "Articles of War"...so who'se going to give them a good and just trial? Something's fishy here, can You smell it God?

Recently, three good men, Mr. Antonio Abaya, Atty Frank Chavez and Atty Mario Ongkiko, filed cases against those generals et al at the Ombudsman. All they want is that the cases be tried rightfully. Some may look at them as the Three Kings bringing the gifts of courage, integrity, loyalty, and transparency back to the Filipino people and the soldiers as well. To some, maybe three Don Quixotes fighting the windmills of a lady. Whatever it is, kindly protect them, God. Give them the strength and perseverance to pursue their endeavors. By the way, I don't know your email address, so I might as well send this to the 3 Kings at ([email protected]; [email protected]; [email protected] ). Oh, when You get my email, please copy furnish Cardinal Sin, his flock and friends, we don't seem to hear anything from them.

I won't say God bless You because You�re Him anyway. Take care.


Capt Chris Mesias, PAF (retired), [email protected]
RAM-SFP-YOU (retired)
April 03, 2005


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We applaud you for your work on the above case.
We need people like you. Kawawa naman and Pilipinas at ang mga Pilipino kung walang nagmamalasakit.
Please keep up the good work.

Cesar Torres, [email protected]
April 04, 2005

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(Forwarded from [email protected]).

Pasalamat tayo sa Diyos sa pagkakaroon ng mga taong katulad ni Atty. Chavez and Atty. Ongkiko (sana ang lahat ng abogado sa ating bansa ay katulad nila) and their organization to have exposed the evil work of Gen. Garcia and family� I admire them and I know most of you will feel the same.

Let's all pray na magliwanag ang mga isip ng marami pa sa gobyerno at AFP natin na katulad ni Gen. Garcia at kanyang pamilya, na gumagawa ng hindi tama kaya ang bansa natin ay naghihirap, kasama na tayong mga OFW dahil sa kina-kailangan pang maging malayo tayo sa ating mga mahal sa buhay upang mabigyan sila ng magandang kinabukasan.

To Atty Chavez and Atty Ongkiko including all the people and organization around you, KEEP UP THE GOOD WORK and May GOD, in Jesus name, be with you always.

Reynaldo Ramon Manayao, [email protected]
April 04, 2005

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These acts perpetuated on a poor country should be dealt with as acts of treason, resolved in front of a firing squad.

Daniel Moya, [email protected]
April 05, 2005

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After reading your article I was very proud that someone like you guys stand up for the masses.  This is one rotten apple in a basket which already probably had contaminated the name of our Armed Forces.  I do believe that this is not a common practices by our military personnel, except those people who had no Soul at all.  Disgusted by the amount of money moving around which belong to the masses.  He should be shot in a firing squad!  The family itself without remorse exploit the abundance without questions of guilt.  I salute you guys, for the defending our country for those tyrant.  History repeats, so Sadly,...though that we are fighting with our own kind.  This is the worst than cancer, this is curable only by isolation and elimination.
]  
I hope that this wouldn't be dwindling into the Government system again, that the persons family involved have eggs, bacon, langonisa, and ham for breakfast because they are broke, they can't afford to buy daing and tuyo.  Let them all be stoned to death!!!
  
To the Lapu-lapu, Mabini, Rizal and Del Pilar (to name a few)....Mabuhay!

Gil Avila, [email protected]
April 05, 2005

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Dear Messrs Chavez and Ongkiko,

I also have a dream.  That someday soonest all our legislators will realize that it is not enough to write laws - but that they have the moral responsibility to be the role models upholding that law.  That when they raise their hands and take an oath to serve their country, that it should remain raised and not end up in the pockets of every single Filipino who suffer the brunt of their immorality and corruption.

We should all stop analyzing  to death the hows and whys we are one of the most corrupt nations in the world  because we know all that already.  So I thank you and the organization you run for having the courage to take on the nasty Goliaths in our government. We need doers not blabbers.

There are millions of Filipinos who are so sick and tired of the situation in our country but very few have the guts, resources and motivation to do something about it.   In my eyes your organization is a giant David. I hope more and more organizations like yours will sprout up in our country so we can be rid of this plague that kills thousands of our people everyday.

Tina Berenguer Peralta, [email protected]
Denmark, April 05, 2005

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I have always tried to uplift the image of the Philippines specially among my co-workers and other people that I encountered daily, this I do by providing excellent performance in everything that I do for I believed that each one of us ( filipinos ) needs to do our share in bringing back the glory of the Philippines.  Sayang nga lang at may mga BUWAYANG katulad ni Garcia, Erap at iba pa na nagpapakasasa sa yaman ng bayan at pilit na nagpapahirap sa buhay ng PIlipino. 

There is one article I read, written by a foreigner.  It was an article that tries to analyze the real problem of the Philippines.  Lots of issues were raised ; corruption, insurgency, peace and order, etc.  but it was his conclusionary remark that really strikes me the most.. He said that " Philippines is struggling and poor because Filipinos do not have any love for the Philippines.". the way things are going.. I think he is right...

Mabuhay!!!!! Chavez , Ongkiko


Avery D. Malate, [email protected]
Buena Park, California, April 05, 2005

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Dear Mr. Antonio Abaya, Atty. Mario Ongkiko

Atty Frank Chavez and Clean Hands, Inc.,

We are writing you in support of your filed complaint with the Ombudsman last March 15, 2005 for plunder against Major General Carlos F. Garcia, John Doe, Jane Doe, James Doe and Joel Doe.

Firstly, we believe in your cause to uphold the law: Republic Act. No. 6713 (Code of Conduct and Ethical standards for Public Officials and Employees) stating �that public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead modest lives and uphold public interest over personal interest.�

Secondly, we believe that every Filipino soldier must adhere to the AFP core values of honor, loyalty, valor, duty and solidarity; follow the code of conduct of the Filipino soldier which should have been written in their hearts. We have faith in the Filipino soldier and appreciate their dedication to their tasks and duties.

However, we are saddened by the corruption of government and military officials. For years, there has been so much negligence on the part of our officials to their sworn duty to serve the people. It is such a shame for our country to be ranked as the second most corrupt in Asia. This has to stop.

For these reasons, we believe it is of great public interest that this case be heard and judged rightfully for our military and the Filipino people who put their faith in our soldiers. Thank you for fulfilling your duty to represent the public interest and to ensure the enforcement of the Philippine laws. We are very proud of you.

We salute you for your bold initiative, Mabuhay kayo!

Very truly yours,
High School Class  1971  OF ATENEO DE DAVAO UNIVERSITY,  UNIVERSITY OF IMMACULATE CONCEPTION IN DAVAO CITY AND THE PHILIPPINE WOMENS COLLEGE IN DAVAO CITY
C/o Ma. Cynthia A. Prat, [email protected]
April 05, 2005

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I have voted and campaigned so hard for Chavez last election though I don't know him personally( and am pretty sure he doesn�t know me as well), His and Atty Onkiko's act proves I'm right to do that. This guys should be the one's representing us in the Senate not
those cowards and no-brainers who were sent there wasting people's money. Pls. extend this message to the two gallant men who stands up on vital issues like this. May their tribe multiply.

Jun Aguilar, [email protected]
March 28, 2005

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I will definitely agree with whatever anybody can do to fight corruption in the Philippines: capital punishment, jail for life, whatever. My great grand uncle railed against it in his Noli and Fili, and today, after more than a hundred years, corruption is ingrained deeper in the philippine way of things. Makes me feel like he died for nothing. Same with Ninoy. How tragic. From,

Cita Y. Abad-Dinglasan, [email protected]

Rome, Italy, April 09, 2005

PS. I am here attending the pope's funeral and had dinner with GMA, who gave a speech to OFWs, saying that she wanted to fight corruption.��

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Mr. Abaya,

If attorneys Chavez and Ongkiko really mean serious business in nailing this Garcia, then they should also start working out the sequestration of all the US properties of the Garcias. Get back every penny they stole. Hit him hard, throw all the books at him, kick his butt into the slammer and toss the key into the Philippine Deep.

How come it has to take private lawyers Ongkiko and Chavez to file plunder cases? Another case of our slow foots and incompetent government lawyers?

It is the likes of Garcia (let�s stop addressing him as general) that shames the Philippines in the high rung of the most corrupt in Asia. Since the stinking obnoxious smell of corruption has already permeated out of Garcia�s pandora�s box, what now? Don�t you think we will just be bunches of coyotes howling all the noises about Garcia�s heinous wrongdoings if in the long haul, our hoodlums in robes will ultimately be bribed with a favorable decision for this kleptocrat? Have we pinned down (send to the slammer) any of the Marcoses for their heinous thievery?

With the millions Garcia has amassed, he can afford to hire the cleverest/smartest lawyers, prepare for a long drawn out battle in the courts (delay them for years), and payoff media manipulators to counter bad publicity while he remains scot-free.

You wrote �No crime in the Philippines is so heinous or monumental that it cannot be forgiven or forgotten as long as you can afford to hire the shrewdest lawyers and media manipulators, or you have the right political connections, or you become a media celebrity, or, better yet, all three at the same time. If you�re a criminal or you�re accused of being one, there is no place like home.� (Ten Best Countries)� How true.

Just punish Garcia with 100 pushups. Nothing would really come out of this case. The morass of cynicism is simply too overwhelming for me. Yawn.

Until then, I will just snore myself for a catnap. Hohum.

Boy S. Gonzalo, [email protected]
Isabela City, Basilan Province, April 10, 2005

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I commend you for your courage in writing the article in the March 22 issue of Manila Standard exposing General Garcia's plunder of taxpayer funds. It is through brave journalists like you who give us hope to stamp out corruption in the Philippine government and military. Please keep up the good work!

Maria Obias-Bonnefoy, [email protected]
Potomac, Maryland, April 11, 2005

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