Criminal and administrative charges were filed before the Office of the Ombudsman against Winston Garcia, the president and general manager of the Government Service Insurance System (GSIS).
The charges were for illegally remitting P1-billion unassigned surplus of the Government Insurance Fund to the Office of the President instead of the National Treasury. Members of the board of trustees of the state pension fund were slapped with the same charges.
Two separate complaints were filed by lawyer Alberto Velasco, the president of Kapisanan ng mga Mangagawa sa GSIS; Miguel Miram, a founding member of the Parents Teachers Coalition for Advancement; and Luz Pacete of School Association of Parents Anti-Crime. The complainants accused Garcia and the trustees of illegally passing Board Resolution 255 on December 6, 2004, for the remittance of the P1-billion fund to Malacañang.
The trustees are Bernardino Abes (chairman), Victoria Ablan, Jesse Andres, Mario Ramirez, Esperanza Ocampo, Reynaldo Palmiery, Alejandro Roces, Jesus Santos and Nita Javier.
They and Garcia were charged with violations of Republic Act 8291, or the GSIS Act of 1997, and Article 239 of the Revised Penal Code, or Usurpation of Legislative Functions and Anti-Graft and Corrupt Practices Act, all criminal offenses. The administrative charge, grave misconduct, arose from violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Under the law, according to the complainants, disposal of unassigned surplus from Government Insurance Fund shall be apportioned in accordance with a schedule approved by the GSIS, among the government agencies whose properties are insured in the fund.
“This scheme and practice of the accused in delivering monies of the GSIS to the Office of the President is illegal, unlawful and immoral,” they said.
The complainants added that “this penchant of the accused in sucking up to the powers-that-be by delivering monies to it [is] a departure from the GSIS’ practice in the past of coursing thru the National Treasury any unassigned surplus to government agencies.”
Velasco asked the Office of the Ombudsman to order the preventive suspension of Garcia and the other GSIS officials to ensure that documents pertaining to the illegal disbursements are not stolen or destroyed and in order for the witnesses to come out.
He and the other complainants also asked that, upon finding probable cause against the accused, criminal charges be filed before the Sandiganbayan, the anti-graft court, and hold the respondents administratively liable.
Velasco demanded the head of Garcia for allegedly grave abuses and scandalous anomalies.
In their complaint, Miram and Pacete stressed that there was usurpation of legislative functions committed by the accused for passing Board Resolution 188 on August 13, 2003, that would decrease the “survivorship benefits provided by law.”
Board Resolution 108 is “a gross and brazen abuse on the part of Garcia and the Board of Trustees, as it amends a law when they have no such law-making powers,” the complaint said.
galing sa Manila Times, panulat ni Jomar Canlas:
[web]http://www.manilatimes.net/national/2008/july/16/yehey/top_stories/20080716top1.html[/web]

