Tuesday, September 28, 2004

NR0928: Scores hurt at GSIS rally dispersal

Mula sa Tanggapan ni Anakpawis Rep. Crispin B. Beltran
News Release September 28, 2004
House of Representatives, South Wing Rm 602
931-6615 Ina Alleco R. Silverio, chief of staff
Email: paggawa@edsamail.com.ph, anakpawis2003@yahoo.com
Celphone number 09213907362
Visit geocities.com/ap_news

GSIS security personnel ordered to teargas protestors, scores hurt including
Rep. Beltran; solon accuses Garcia of nepotism

Scores were hurt at 11:30 this morning when the security personnel of the
Government Service Insurance System (GSIS) lobbed two teargas canisters at the
main body of protestors during a rally in front of the GSIS against GSIS
president and general manager Winston Garcia.

Over 200 protestors from the Confederation from the Unity, Recognition and
Advancement of Government Employees (Courage) and the Kapisanan ng Mangaggawa
sa GSIS (KMG) union of GSIS employees and Anakpawis Party-list were peacefully
holding a demonstration in front of the GSIS building in Quezon City when they
were hosed down by two firetrucks.

The strong blasts of watercannons, however, did not deter the rallyists who
stood their ground. Anakpawis Rep. Crispin Beltran had just finished
delivering his speech of support to the crowd when they were hit doused with
water. When it became apparent that the rallyists were not leaving, the
security personnel of the GSIS itself approached the gates and lobbed two
canisters of teargas at the crowd. This caused the rallyists to immediately
disperse as the strong and sharp fumes of the teargas spread. The rallyists
tripped and fell on the pavement as they ran to escape the fumes that stung
their eyes, noses and very skin. Many sustained cuts and bruises, and not a few
threw up violently.

Rep. Beltran strongly condemned the dispersal, but said that he will not file
charges against the security personnel of the GSIS who threw the teargas.
Instead, he said that he is even more determined to push for the immediate
relief of Winston Garcia from the GSIS.

"If there's anyone who should be blamed for all this, it's Garcia. He is
desperately clinging to this post when it's very clear that all he has done is
make a mess of things. Now, apart from single-handedly making the GSIS one of
the most corrupt government agencies, he has made the GSIS a bastion of
anti-labor practices. The attack against the demonstrators this morning is yet
another display of Garcia's arrogance and stubborn refusal to resign in the
face of strong protests against him," he said.

Beltran added more fuel to the bonfire against Garcia, saying that that Garcia
was guilty of nepotism. He filed yesterday HR 290 calling on investigations
into the anomalies and irregularities being committed by the GSIS management
and Board of Trustees when it came to hiring and promotions.

Beltran said that the union of employees KMG question the appointment of a
certain Nita P. Javier as corporate secretary. They pointed out that the
Javier's appointment has long been declared by the Civil Service Commission to
be null and vvoice and the latter's Motion for Reconsideration has been denied.
Up to the moment of the filing of the complaint and up to the moment of the
drafting of this resolution, however, Javier still assumes the position and
receives compensation;

Beltran also alleged that the members of the Board of Trustees appointed
relatives within the prohibited degree of relationship as will be seen in the
following tabulation:

Trustee Relative Relation
Florino IbanezAida NoceteElmer T. Bautista Fulgencio FactoranReynaldo P.
Palmiery Hermogenes ConcepcionElenita MartinezLenie de Jesus Ireen
Ibanez-DimaanoIldebrando F. IbanezIandro F. IbanezMa. Laura Consuelo C.
NoceteAdrian R. BautistaGeronimo P. EstrellaJennifer L. PalmieryAngel T.
Concepcion Jr.Orlando D. TumalaAlex John C. TumalaMa. LS Concepcion DJ
Hernandez DaughterSonSonDaughterSonSon-in-lawDaughter-in-law Nephew

"The appointments are nepotic because the appointing authority of the GSIS is
the President and General Manager and the Board of Trustees pursuant to Sec. 45
of RA 8291 (GSIS Charter), which provides that "The President and General
Manager, subject to the approval of the Board, shall appoint the personnel of
the GSIS in accordance with the Civil Service rules and regulations. " It
was also stated in a Supreme Court decision in the case GSIS vs. GSIS Employees
Association, 154 SCRA 236 ruled that: "However weighty they may be,
recommendation cannot control the discretion of the appointing authority which,
in this case, is the General Manager and the Board of Trustees of the GSIS
(underlining supplied)."

In the case of CSC vs Dacoycoy, 306 SCRA 425, the Supreme Court ruled that
"Under the definition of nepotism, one is guilty of nepotism if an appointment
is issued in favor of a relative within the third civil degree of consanguinity
or affinity."

The appointment of members of the Board of Trustees to executives positions in
the GSIS, Beltran said,is also questionable. This, they point out, is
prohibited under Sec. 3 (i) of RA 3019 , as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act, which provides the following that
"Directly or indirectly becoming interested, for personal gain, or having
material interest in any transaction or act requiring approval of the Board,
panel or group of which he is a member and which exercises discretion in such
approval , even if he votes against the same or does not participate in the
action of the board, committee, or group.

Beltran questioned the appointment of Trustees Elmer T. Bautista and Reynaldo
P. Palmiery who assumed executive positions as Chief Legal Counsel and Sr.
Executive Vice-President respectively. The employees point out that Trustees
are much interested in securing positions as executives in the GSIS
because as such they will have career positions and regular compensation unlike
when they are only Trustees they receive only per diem and representation and
transportation allowance (RATA).

Garcia himself in a report published in Businessworld (September 24, 2004)
defended his appointment of his own sister and executive assistant Carolyn
Garcia Empemano, saying that that the appointment of family members and
relatives to confidential positions in the government was "an accepted
practice among top government officials."#


Post a Comment

<< Home