GSIS prexy's civil case vs. COA men dismissed

The P2.3-million civil case for damages that Winston Garcia, president and general manager of the Government Service Insurance System, had filed against six investigators of the Commission on Audit has been dismissed on a technicality.

Regional Trial Court-branch 9 Judge Geraldine Faith Econg dismissed the case because it was filed in Cebu City, which was not the proper venue because it was not convenient to both complainant and the defendants.

"Cebu City is definitely not convenient to both plaintiff and defendants," Judge Econg said in dismissing the case, adding that the venue should be dependent on the residence of the accuser and that of the defendants.

Garcia had demanded for P2.3 million in damages against Manila-based COA investigators Raquel Ramirez-Habitan, Leonor Baodo, Joel Estolatan, Rhoda Pileña, Alexander Juliano and Rosalinda Salvador.

The defendants contended that the filing of the case in Cebu City was meant to harass them because Garcia has been actually residing in Makati City. Garcia however said he has a house in barangay Talamban thus a resident of Cebu City.

But Judge Econg said that even if Garcia has a house in Cebu City, the defendants were able to prove that he also has a residence in Makati City where, most of the times, he stayed considering that being the top GSIS official, his office has been in Manila.

Econg said that court sessions are held from Mondays through Fridays, which aside from being government business hours both parties are all reporting to their respective offices in Manila.

"What is therefore most convenient to both parties is to have this case transferred to Makati City where plaintiff resides or in the place where either of the defendants reside, at the election of the plaintiff," Econg said.

Garcia sued the COA investigators for issuing a series of reports that contained the findings and observations alleging that Garcia and other GSIS officials "violated the provisions of the Anti-Graft and Corrupt Practices Act.

The COA findings, released last January, involved the GSIS e-Card program, the compensation and benefits package of GSIS officials that even put Garcia's salary higher than that of President Arroyo, the setting up of subsidiary firm GSIS Properties Inc., and cash advances drawn from GSIS' discretionary allowances budget.

The six COA officials alleged that the implementation of the e-Card program did not go through a public bidding and was reportedly awarded to Union Bank of the Philippines.

Awarding the program to Union Bank they said could result in the loss of over P1.27-billion in estimated income for government-owned Land Bank of the Philippines because loan processing fees and interest earnings of alternative investments exclusive of income would go to UBP already.

Garcia countered that the series of COA reports were "false and unfounded." - Fred P. Languido