CHICAGO (June 21) — Ian Carl Depakakibo and his brother Juan Paulo Depakakibo were released June 18 after posting $1-M bond each, according to court records obtained by this reporter.
On the other hand, their mother, Clarita Depakakibo Garcia has also been released and was placed under house arrest after posting $20,000 cash bond.
Magistrate Judge Edward M. Chen of the United States District of Northern California ordered the release of Ian Carl, 30, and his brother, Juan Paulo, 27, after a bond hearing Thursday.
Each of the brothers posted $25,000 secured by cashier’s checks and $975,000 unsecured sureties. Both of them were placed under house arrest. But they may leave home only when they are going to work.
The brothers were arrested separately last February after they were charged with smuggling when they failed to declare to the customs inspector at the San Francisco International Airport the $100,000 in their possessions.
They were also arrested on extradition charges for plunder.
Mrs. Garcia was released last June 1 after depositing with the court $20,000 cash bond that will be forfeited in favor of the U.S. government “in the event of a failure to appear as required or to surrender as directed for service of any sentenced imposed.”
She was also arrested on extradition charges for plunder.
The fate of the third Garcia brother, Timothy Mark Depakakibo Garcia, who was also arrested on extradition charges for plunder, is unknown.
The release on bond of Mrs. Garcia and her two children, Ian Carl and Juan Paulo, came as the Sandiganbayan anti-graft court in the Philippines dismissed a forfeiture case against her husband, retired Maj. Gen. Carlos F. Garcia, who was accused of amassing ill-gotten wealth of 303 million pesos (US$6.2-M).
Five people posted unsecured surety bonds in the amount of $975,000 in favor of Juan Paulo. They were his wife, Jacqueline Joy Dino, of Auburn Hills, Michigan; his sister-in-law, Imelda Dino Pastrano, of Frankfort, Kentucky; his aunt, Mary Joy Demanawa, his uncle, Henry Duropan, and his friend, Thelma Hietbrink, all of San Francisco.
In the case of Ian Carl, those who posted the $975,000 for him were his wife, Nina Xyra Garcia, Terrence Quijano, his cousin Lean H. Atanoso, of Newberry Park, California; his cousin Antonio Diesmo, and his friend, Aurelia G. Pangilinan, of San Francisco.
It was Chedie Depakakibo Solivic and Ledie Cristales, both of Westerville, Ohio, who signed the “Affidavit of Owner of Cash Deposit” who posted the $20,000 cash deposit on behalf of Mrs. Garcia.
Meanwhile, Judge Phyllis J. Hamilton of the Northern District of California in San Francisco will hold a July 8, 2009 at 1:30 p.m. trial setting hearing of Ian Carl and Juan Paulo.
Mrs. Garcia is the wife of Filipino general Carlos Garcia, who is serving a two-year jail sentence for perjury when he could not explain the “significant discrepancies of his legitimate reported income.” In particular, the significant wealth and assets that his “family amassed in the form of deposits in banks, undeclared cash holdings, acquisition of real property, and other personal property, including property in the United States,” were disproportionate to his and his family’s legitimate income.
Their income was estimated at 303-million pesos (US$6.2-M).
Mrs. Garcia and her husband, and their three children – Timothy Mark, 25, Juan Paulo, 27, and Ian Karl, 30, are all facing plunder charges in the Philippines. Plunder carries a penalty of 30 years to life in prison.
Except for General Garcia, the rest of the members of the family are all US citizens and are subjects to extradition.