This was in reaction to the asseveration of Justice Sec. Leila de Lima during the Senate hearing, where she seconded the opinion given by UP Dean Marvic Leonen.

In his letter sent to the Senate, Leonen said the said plea bargaining agreement was void from the beginning because the consent of the offended party, the Armed Forces of the Philippines was not obtained, allegedly contrary to the Rules of Court.

Deputy Special Prosecutor Jesus Micael clarified that the provision of the Rules of Court being referred to by de Lima and Leonen is applicable only when a private offended party is involved.

However, he said in the Garcia case the offended party is the “People of the Philippines” duly represented by the Office of the Ombudsman thru the Office of the Special Prosecutor.

Micael said: “The complainant is not the AFP but the People prosecuting the accused through the public prosecutor. In the Garcia case whose interests are likely transgressed in the event that the government loses the case? The state is it not?”

He cited the case of People v Hon. Martin Villarama which declared "that the state is therefore, the offended party in this case. As guardian of the rights of the people, the government files the criminal action in the name of the People of the Philippines. The Fiscal who represents the government is duty bound to defend the public interests, threatened by crime, to the point that it is as though he were the person directly injured by the offense.

Jun Ramirez, Manila Bulletin