THE HIGH Court has ruled that the Office of the Solicitor General (OSG) has “no power of control over the Office of the Ombudsman” and dismissed its petition relating to a plunder case of a retired military general.
“The government was already rightfully represented by the Office of the Ombudsman in the plunder case before the Sandiganbayan. Thus, the (OSG) overstepped its bounds by insisting on providing additional representation,” reads the decision penned by Justice Marvic Mario Victor F. Leonen released on Monday.
The case involves the plunder charge against Carlos F. Garcia, a retired major general of the Armed Forces of the Philippines.
In 2013, the Supreme Court (SC) ordered a temporary restraining order on Mr. Garcia’s case as the OSG filed a petition for review on the anti-graft court’s Special Second Division and the Ombudsman’s office over the plea bargain granted to Mr. Garcia.
The Supreme Court, in a news release on Tuesday, said the acceptance of a plea bargain is “purely upon the discretion of the prosecutor, while its approval is subject to the judicial discretion of the court trying the facts.”
The high court also held that the Sandiganbayan did not abuse its discretion in approving the plea as the prosecution failed to prove Mr. Garcia’s guilt for plunder and money laundering beyond reasonable doubt.
With the ruling, the high court has lifted the temporary restraining order, thereby allowing the Sandiganbayan to continue its criminal proceedings against Mr. Garcia and to implement its Dec. 2010 resolution granting him bail.
The Supreme Court stressed that “the OSG’s authority to represent the government is not plenary or all-encompassing, adding that the mandate to represent the government in the proceedings before the Sandiganbayan generally lies with the Ombudsman, with the exception of the Marcos ill-gotten wealth cases.” — Bianca Angelica D. Añago