On July 22 Cecilia “Cheche” Lazaro will be arraigned for wiretapping (RA 4200), an ancient, obscure law approved and enacted in 1965 when the mobile phone was still science fiction. It was a piece of legislation so archaic that it states “It shall be unlawful... to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictograph or dictaphone (sic) or walkie-talkie or tape recorder, or however otherwise described…” This law was conveniently resurrected and made menacingly real with a penalty of not less than six months and no more than six years’ imprisonment.
Lazaro allegedly committed a crime for airing a portion of a cellphone interview with Ella Valencerina, vice president for public relations and communications of GSIS, without her consent. How this case merited an indictment despite the fiscal having heard the full, recorded conversation, where Lazaro clearly informed Valencerina that she was being recorded, is just one of the many puzzles that surround the case. When Lazaro was trying to get the GSIS’s side regarding the charge of teachers that they were not getting the benefits due them, they refused the interview in a letter that claimed they would not get fair coverage from ABS-CBN. In the excerpt that was aired, Valencerina was making the same point and requested that this be quoted from the letter sent earlier. From a list of 18 defendants that included the studio bigwigs, all were dropped except Lazaro’s case. The plot thickens as to why Cheche was singled out when Probe is an independent production.
In her press statement, Valencerina emphasized that there were no instructions from her superiors to file the case and she brought Lazaro to the Pasay City court to protect her rights as a private individual. “GSIS itself had absolutely nothing to do with the case. There is no grand conspiracy. There are no devious schemes. Definitely there is no concerted effort to stifle press freedom. I pursued my rights, taking the route of due process, without the need to engage in a publicity stunt,” she said. She stressed that Lazaro was grossly mistaken in claiming that the government was trying to harass media critics.
But it is perplexing that GSIS lawyers are handling Valencerina’s “personal” case, and she chose a Pasay court when the alleged violation happened in Pasig, where the conversation took place. And while she claims that Lazaro is rallying public sympathy, she has obviously engaged her own drumbeaters to write her lamentations: “The case is, above all, a question: Are members of media allowed to violate the individual rights of a person? Does her fame and status give Ms. Lazaro the immunity to break journalism ethics and break the law? Does the stature of being a ‘veteran’ broadcast journalist lets (sic) one off the hook? Can media practitioners simply call you up, record your conversation, and broadcast it for the entire world to hear; all these, without your knowledge, much less, your permission?”
There lies the lie. The recorded evidence proves that Lazaro did notify Valencerina more than once that she was being recorded. So the case should have been thrown out by the fiscal’s office in the first place! This lends credibility to indications that Valencerina may be a hapless pawn, allowing herself to be used by the powers that be. Lazaro rebuts, “If raising the concerns of underpaid public school teachers deprived of their benefits by a publicly accountable government institution and giving my accuser the airtime to explain her boss’s side of the story are now considered crimes under our laws, then I plead guilty.”
So let’s investigate the boss. Winston Garcia has been the head of GSIS since 2001— just as long as GMA has been President. He is the son of Rep. Pablo Garcia, who was once considered House Speaker to replace out-of-favor Jose de Venecia. Congressman Nograles was eventually anointed, possibly for many Charter-changing reasons. Garcia hails from Cebu, with equally known siblings Governor Gwen Garcia and another brother in Congress.
Sunstar columnist Elias Espinoza wrote, “Although Garcia did not categorically say if he would run for the (mayor’s) post in 2010, his statement that ‘he would free Cebu City voters from Tomas’ (Osmeña) mal-administration’ was more than a prima facie admission. I can sense that Winston meant what he said. It was a premeditated jab that sends a message to the Osmeñas that Cebu will soon be ruled by Winston’s family.”
Since Garcia took over GSIS, it has gained the reputation of being the most litigious and controversial government agency. Here is a partial list of disputes and cases:
• June 2002 — The Public Estates Authority (PEA) secured a P1-billion loan from GSIS approved by the Palace for the construction of the infamous Macapagal Ave. Director Sulficio Tagud Jr. revealed that the project had been overpriced by P533 million — a disclosure that cost him his position. Kapisanan ng Manggagawa (KMG) lawyer Albert Velasco said this resulted in huge financial losses for the GSIS.
• Oct. 2002 — GSIS purchased “Parisian Life,” a painting by Juan Luna, for P46 million. According to KMG president Atty. Albert Velasco, GSIS overpriced the Luna painting. An art tour was undertaken, which (as of 2005) has yet to be accounted for, according to critics.
• March 2003 — KMG sent a letter to GMA accusing Garcia of securing P3.4 million in un-liquidated cash advances, establishing district offices, and hiring outside legal counsel at exorbitant costs. The Department of Finance (DoF) under Secretary Isidro Camacho ordered then Presidential Anti-Graft Commission (PAGC) chairman Dario Rama to investigate. PAGC found merit in the allegation.
• Oct. 2003 — Government employees charged Garcia with mismanagement, citing the stoppage of the processing of loan applications and benefit claims. Government unions asked why members had difficulty getting their own money, when GSIS pays 84 vice presidents P100,000/month. Garcia’s salary of P540, 000/month was also questioned.
• Nov. 2003 — Garcia secured a salary loan of P2 million, reportedly approved in four hours, and a housing loan of P11 million in two days. Ordinary GSIS members had to wait for months before their loan applications could be approved.
• Oct. 2004 — House leaders reiterated their call for Garcia to resign and spare GMA from public outrage over his alleged mismanagement of the state workers’ pension fund.
• Nov. 2004 — Now-deceased Rep. Crispin Beltran (Anakpawis) asked GSIS to explain why funds were transferred from the government-owned Landbank to Union Bank. Enriqueta Disuanco, GSIS EVP, confirmed the transfer. She explained that Unionbank won in the bidding for the GSIS eCARD project. The amount of P1 billion was moved to Union Bank as project implementer.
• Mar. 2005 — COA submitted its report “stating that the implementation of the Government Service Insurance System (GSIS) eCard project is illegal.”
• April 2005 — Dr. Villano, Davao Doctors Hospital (DDH) president and CEO, said that the GSIS entered into a contract to supply P55 million worth of equipment identified under a five-year usufruct in exchange for discounts for GSIS patients and their dependents. While DDH has done their part, GSIS failed to buy the equipment more than a year later. At a negotiation meeting, Garcia demanded an apology from hospital officials. This was deemed “unfair and uncalled for.” Consequently, DDH decided to cancel the discounts.
• June 2007 — Garcia filed a libel case against Manila Rep. Bienvenido Abante for alleging that the state pension fund was being used to bankroll the bid of his father, Rep. Pablo Garcia, for the House speakership.
• May 2008 — Garcia tried but failed to wrest control of Meralco. The fight is in the Court of Appeals on allegations of bribery.
• June 2008 — Judy Ann Santos’ Meralco ad drew the ire of GSIS and its allies. Victims against Crime and Corruption (VACC) Dante Jimenez threatened to boycott Santos’ shows and endorsed products and haul her before the AdBoard and MTRC. The most rabid critic was Nasecore, a “consumer group” led by Pete Ilagan, the sidekick of former Napocor president Guido Delgado believed to be Garcia’s key adviser in the bid to take over Meralco.
• July 2008 — Garcia attempted to control private car insurance companies that hold the lucrative comprehensive third-party liability (CTPL) coverage of motor vehicles.
• Aug. 2008 — Garcia charged the National Press Club officers with estafa for the sale of the Vicente Manansala mural. He claimed that the GSIS owns the mural since it owns the building.
• May 2009 — Garcia is suing IBM for P100 million for a system crash. IBM countered with a libel suit seeking damages of P200 million.
While the GSIS is in and out of court, involved in one tempest after another, the nagging question is: why is Garcia still there? Is it true that GSIS contributed P100 million to Arroyo’s 2004 campaign kitty and delivered millions of Cebuano votes? As the stomach turns...
* * *
Do you know why? Contact the author at ms.comfeedback@gmail.com.