The court said the evidence of plunder was weak and former Maj. Gen. Carlos Garcia had complied with all preconditions for the deal, including returning assets worth 135 million pesos ($3.1 million).

Garcia has pleaded guilty to the lesser charges of direct bribery and facilitating money laundering. He was released on bail in December pending sentencing on the lesser charges.

Plunder, or large-scale graft, is punishable by 40 years in prison, while bribery has a maximum term of 10 years.

Justice Secretary Leila De Lima said she was disappointed by the court’s decision Monday, but said it is not the end of the case.

“We will file a motion for reconsideration,” Solicitor General Joel Cadiz said. “If our motion for reconsideration is denied, we will go definitely to the Supreme Court.”

Cadiz, whose office is normally not involved in trials before the anti-graft court, filed a motion in January for the court to void the deal and for his office to be allowed to intervene in the case. He said then that the plea deal ignored strong evidence against Garcia and was made without notifying the offended party — the military.

The court denied that motion Monday, saying the government was aptly represented by the Office of the Ombudsman.