Sandigan affirms clearing of ex-GSIS chief

MANILA, Philippines - Former Government Service Insurance System president and general manager Winston Garcia has been cleared of charges of graft that arose from alleged procurement law violations in the implementation of the GSIS electronic membership card project in May 2004.

The Sandiganbayan has affirmed its March 2016 decision dismissing the case that the Office of the Ombudsman filed against Garcia in December last year.

The Second Division denied the prosecution’s motion for reconsideration for being bereft of merit.

“In view of the foregoing, the Court maintains its ruling that no probable cause exists to indict all the accused of the offense charged,” read the decision.

Even the Commission on Audit found nothing irregular about the project and its implementation, the Sandiganbayan added.

Also cleared were former GSIS vice president Enriqueta Disuanco; former senior vice president Benjamin Vivas Jr.; former Board of Trustees chairman Hermogenes Concepcion Jr. and former Board of Trustees members Elmer Bautista, Fulgencio Factoran, Floriño Ibañez, Aida Nocete, Reynaldo Palmiery, Ellenita Tumala-Martinez and Leonora Vasquez-De Jesus.

Associate Justice Teresita  Diaz-Baldos wrote the decision.

In the affirmed ruling, the   Sandiganbayan said: “Any imputation of violation of Section 3(e) of RA 3019 in the procurement of Union Bank as ‘eCard partner’ of GSIS would be more speculative than real.

“Considering that the project continued to be implemented by the succeeding officials of GSIS and no affected party, including the banks that submitted proposals, raised a whimper about it.”