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
Telephone No: 931-6615
Ina Alleco R. Silverio, Chief of Staff
Email: anakpawis2003@yahoo.com
Celphone number 09213907362
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GSIS security personnel ordered to teargas protestors, scores hurt includingRep. Beltran; solon accuses Garcia of nepotismScores were hurt at 11:30 this morning when the security personnel of theGovernment Service Insurance System (GSIS) lobbed two teargas canisters at the main body of protestors during a rally in front of the GSIS against GSISpresident and general manager Winston Garcia.

Over 200 protestors from the Confederation from the Unity, Recognition andAdvancement of Government Employees (Courage) and the Kapisanan ng Mangaggawa saGSIS (KMG) union of GSIS employees and Anakpawis Party-list were peacefullyholding a demonstration in front of the GSIS building in Quezon City when theywere hosed down by two firetrucks. The strong blasts of watercannons, however, did not deter the rallyists whostood 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 securitypersonnel 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 tear gas 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 tear gas. 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 ofthe 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 investigationsinto the anomalies and irregularities being committed by the GSIS managementand Board of Trustees when it came to hiring and promotions. Beltran said that the union of employees KMG question the appointment of acertain Nita P. Javier as corporate secretary. They pointed out that theJavier's appointment has long been declared by the Civil Service Commission tobe null and void 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 Beltran's 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 RelationFlorino Ibanez Aida NoceteElmer T. Bautista Fulgencio Factoran Reynaldo P.Palmiery Hermogenes Concepcion Elenita Martinez Lenie de Jesus IreenIbanez-Dimaano Ildebrando F. Ibanez Iandro F. Ibanez Ma. Laura Consuelo C.Nocete Adrian R. Bautista Geronimo P. Estrella Jennifer L. Palmiery Angel T.Concepcion Jr.Orlando D. Tumala Alex John C. TumalaMa. LS Concepcion DJ Hernandez

Daughter Son Son Daughter Son Son-in-law Daughter-in-law Nephew Nephew Nephew Daughter

"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. 45of RA 8291 (GSIS Charter), which provides that "The President and General Manager, subject to the approval of the Board, shall appoint the personnel ofthe 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." 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 CarolynGarcia 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."#