|
The Office of the Ombudsman has dismissed graft charges against
Winston Garcia, president and general manager of the Government
Service Insurance System (GSIS), for the purchase of masterpieces by
renowned Filipino artists.
In a statement, GSIS said a special panel of
prosecutors of the Office of the Ombudsman has dismissed the graft
charges filed against Garcia and other GSIS officials for lack of
probable cause.
It said the Ombudsman has found no competent
basis that the accused have violated Republic Act 3019, or the
Anti-Graft and Corrupt Practices Act, in purchasing P53.501-million
worth of Juan Luna and Fernando Amorsolo paintings in 2002.
The paintings were “Parisian Life” by Luna
and “Under the Mango Tree” and “Ricefields” by Amorsolo.
The complaint was filed by Alberto Velasco and
Mario Molinas, who were then members of the GSIS legal services
group, and one Ferdinand R. Gaite.
In charging the GSIS officials of violation of
the anti-graft and corrupt practices act, they cited the resolution
of the Commission on Audit disallowing the purchase. The
complainants claimed the purchase was grossly disadvantageous to the
government.
However, the Ombudsman has concluded that no
“undue injury” was inflicted on the government because the items
purchased “are right there in the hands of the GSIS and duly
accounted for.”
The panel also disputed the claim of the
Commission of Audit in the Notice of Disallowance that the price
paid for the paintings were exorbitant.
According to the Ombudsman, there is no clear
factual basis and parameters for confirming that indeed the prices
were exceedingly sky-high vis-à-vis the kind of artworks that were
bought.
They also dismissed the claim that the purchase
was “grossly disadvantageous to the government as there is no
clear showing of how the government was prejudiced.
Apart from Garcia, cleared of all the charges
were Board of Trustees members Elmer Bautista, Leonara de Jesus,
Florina Ibañez. Reynaldo Palimery, Fulgencio Factoran Jr. and Aida
Nocete.
The Ombudsman also cleared Ma. Paz Foronda,
former vice president of treasury services; Aurora Mathay, former
senior vice president for corporate affairs, and Reynaldo Ventura,
former resident auditor of the Commission on Audit assigned to GSIS.
Under the GSIS charter, he pension fund firm has
the power to invest its funds and to acquire, utilize or dispose of
real or personal property, and exercise such power as may be
necessary to carry out the provisions of the charter.
The charter also allows GSIS to invest funds not
needed to meet current obligations on investments that satisfy the
requirements of liquidity, safety, security and yield.
Garcia said the purchase was also in response to
the GSIS’ need to diversify its investments and, thus, avoid heavy
losses in case one form of investment loses or fails.
“According to studies, artworks are a wise
alternative to investments in the stock market or in the real estate
business which are volatile industries,” Garcia said.
Garcia said GSIS considers the paintings as
inflation-proof because it does not depreciate in value even amidst
economic recession.
He said the increase in value of the paintings
has satisfied the yield requirement from the investment.
-- Maricel E. Burgonio
|
