GSIS benefits issue best resolved by SC

CEBU, Philippines - The Supreme Court should have the last say in the case involving the retired municipal treasurer of Oslob town who was ordered to refund the benefits she received from the Government Service Insurance System.

Court of Appeals Justice Marilyn Yap said considering that the issue in the case calls for interpretation of the law, in this case Republic Act 8291 or the GSIS Act of 1997, it is best that the Supreme Court resolve the case of Anita Deleña.           

In 2001, the Ombudsman found Deleña guilty of dishonesty and, in 2007, the GSIS sent Deleña several letters suspending her monthly pension. A year later, the agency also required her to refund P739,171.80.

Deleña told the GSIS that she is not compelled to return the benefits she received because she was acquitted in the criminal aspect of a case she figured in.

The GSIS however, reiterated its demand for refund, contending that the criminal aspect of the case is not the basis but rather the administrative aspect for which she was dismissed from service and her benefits forfeited.

Deleña had asked the CA to nullify the July 14, 2010 decision of the trial court dismissing her declaratory relief and mandamus with temporary restraining order/preliminary injunction for lack of probable cause against the GSIS for failure to exhaust administrative remedies.

“The question in this case is the interpretation of RA 8291 in light of these admitted facts. There is only doubt as to the correct application of law and jurisprudence under the circumstance, and one need not examine the probative value of evidences presented to resolve this,” Yap added.

Yap cited a 2010 Supreme Court decision in the Lledo v. Lledo case, which says that government employees dismissed from service for cause are allowed to recover the personal contributions paid to the GSIS.

Yap said, however, that considering there the conflicting decisions of the trial court, which cleared Deleña from criminal charges and the Ombudsman, which found her guilty in the administrative aspect, the issue is best resolved by the Supreme Court.  (FREEMAN)