The motion of retired Armed Forces comptroller Major General Carlos F. Garcia seeking to merge his cases was junked by the Sandiganbayan on May 25.

The members of the anti-graft court's Fourth Division said that the merging of the forfeiture suit against Garcia and his non-bailable plunder case, which is punishable by death, is improper.

Associate Justice Jose Hernandez said: "To allow consolidation of the two cases would virtually nullify order of default against the Garcias since they would be allowed to participate in the presentation of evidence."

The anti-graft court further noted that bringing the two cases together would only unnecessarily delay the proceedings in the forfeiture case because the plunder case in the second division has yet to start, and has not yet even issued any warrant of arrest for the defendants.

The Sandiganbayan also stressed that forfeiture cases "may be tried separately and proceed independently of any criminal proceedings."

Garcia, his wife Clarita and sons Ian Carl, Juan Paolo and Timothy Mark were declared in default for delaying the proceedings concerning their alleged ill-gotten wealth.

The Garcias were charged with plunder for allegedly illegally amassing wealth worth more than P303 million.

Except for Garcia, who is detained, and his wife who is reportedly in the country, the rest of the accused were reportedly in the United States.