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Wednesday, September 28, 2005
6 COA officials fight back, sue Winston for P5M in damages
Six officials of the Commission on Audit (COA) fired back at Government Service Insurance System (GSIS) General Manager Winston F. Garcia, for filing a “baseless and unfounded” suit against them.
They asked the court to dismiss the civil suit Garcia filed against them and to compel him to pay for the damage caused by his case.
They also asked for at least P5 million in moral, exemplary and actual damages.
The COA officials, represented by lawyers Alberto H. Habitan and Raul M. Chan, are Raquel R. Ramirez-Habitan, Leonor D. Boado, Joel S. Estolatan, Rhoda M. Pilena, Alexander B. Juliano and Rosalinda Salvador.
Garcia, a brother of Cebu Gov. Gwendolyn Garcia and a former member of the Cebu Provincial Board, earlier filed the case against the six, after the COA issued a series of reports showing that Garcia and other GSIS officials violated the anti-graft law.
Findings
The COA findings covered the GSIS eCard program; the compensation and benefits package of GSIS officials, which pegs Garcia’s salary higher than that of President Arroyo; the creation of the subsidiary firm GSIS Properties Inc.; and the cash advances made against the agency’s discretionary allowances budget.
The findings were released last January through administrative order memorandums (AOMs).
Winston, however, said the contents of the AOMs were “false and unfounded.”
He also said the COA officials connived with Iloilo Rep. Rolex T. Suplico, who “used it (the AOMs) to issue a press statement on the matter and discredit and malign” GSIS officials.
But the COA officials said they should not be faulted for performing their official duties in good faith and without any malice.
“The AOMs contain factual findings of the Special Audit Team, who conducted the audit in good faith and without any malice, and in accordance with auditing standards and procedures,” the defendants’ answer read.
They also accused Garcia of forum-shopping, since the GSIS official reportedly also filed before COA a petition to nullify their report, an injunction suit with the Court of Appeals and three criminal cases with the Office of the Ombudsman. (GN)
(September 28, 2005 issue)
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