Sandigan dismisses case against Winston, GSIS officials

The Sandiganbayan dismissed the charges filed against former Government Service Insurance System (GSIS) president Winston Garcia and 10 other officials  over the alleged anomalous awarding of a project in 2004.

The anti-graft court cited the Ombudsman’s failure to conduct the investigation and resolve the charges on time, as well as the prosecution’s failure to present sufficient evidence against the accused.

Justice Teresita Diaz-Baldos of the Sandiganbayan’s second division said the Ombudsman violated the respondent’s right to speedy disposition of cases.

“It is in criminal cases where the need for a speedy disposition of their cases is more pronounced. It is so, because in criminal cases, it is not only the honor and reputation but even the liberty of the accused is at stake,” she said.

Baldos’ ruling was approved by Associate Justices Napoleon Inoturan and Michael Fredercik Musngi.

The Ombudsman earlier filed a graft case against Garcia and former GSIS officials Enriqueta Disuanco, executive vice president for operations; Benjamin Vivas Jr, senior vice president for information technology; and retired Supreme Court Justice Hermogenes Concepcion Jr, chairman of the board of trustees.

Also impleaded in the case were former GSIS trustees Elmer Bautista, Fulgencio Factoran, Florino Ibañez, Aida Nocete, Reynaldo Palmiery, Elenita Tumala-Martinez, and Leonora Vasquez-de Jesus.

The Ombudsman accused them of taking “advantage of their official positions through manifest partiality or evident bad faith or gross inexcusable negligence” when after they awarded the GSIS eCard project to the Union Bank of the Philippines in 2004, without complying with the requirements and procedures provided by law.

The accused were sued for violating Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

They were also cited for violating Republic Act No. 9184 or the Government Procurement Reform Act when they awarded the project to Union Bank despite the fact the closing date for submission of bid proposals has not been closed and prior to the recommendation of the Committee tasked to evaluate the proposals.

The eCard, the GSIS said, is the most innovative government-issued identification card today since it is not only a GSIS membership ID Card but is also a GSIS transactional card, discount card, disbursement card, ATM Card, VISA debit card, hospitalization, medicine discount card, and tuition discount card./Senior Reporter Ador Vincent Mayol