Warrant of Arrest for GSIS Board

Posted: April 4, 2011 in Law
Tags: , , ,

Warrant of arrest issued vs. all members of GSIS Board

The new members of the GSIS Board of Trustees are considered “heroes” here in General Santos City for solving the long pestering housing problem in Doña Soledad, Labangal, General Santos City. This representation is one of the beneficiaries of their good deeds.


It can be recalled that because of their problems, the retirement benefits of, more or less, 600 government employees were clipped, and those who have retired did so without receiving anything for GSIS in terms of old-age benefits. This housing problem has created so many sob stories of government employees wallowing in crippling poverty after they had retired. Not only that their pensions were confiscated, but their housing units remain under threat of being attached.

But before the court bulldozed the affected government employees from their respective housing units, the new members of GSIS Board, with former Akbayan Congressman, Mario J. Aguja, as one of the members came to the rescue by coming up with a very reasonable buy-back scheme with affordable market price, thrashing all arrearages and penalties.

However, the people to whom we owe gratitude are now about to be incarcerated as a warrant of arrest has been issued against them. We need to support the cause of these idealistic people. We pave the way for the news article below so we may know the reason for the travails of these good, altruistic people:

“In their effort to settle a 21-year-old case involving an 82-year-old widow, the newly constituted GSIS Board  of Trustees  is  facing  the  challenge  of  an  arrest warrant  issued  by  Judge Roberto Mislang of RTC Branch 167 of Pasig.

“The  arrest  warrant,  issued  March  31,  2011,  was  based  on  a  petition  for  indirect  contempt filed  last March 14, 2011.  Judge Mislang found the Trustees liable for alleged violation of the Temporary Restraining Order (TRO) issued on March 2, weeks after the settlement between the GSIS and 82-year-old Rosario Santiago had been executed.

“The settlement case between the GSIS and Mrs.  Santiago  stemmed  from  a  question  of  land ownership  that can be  traced back  to  the 70s. The case was decided in favor of Mrs. Santiago against the GSIS in 1999 and became final and executory in 2004.

“The  previous  Board  tried  to  prevent  the  decision  from  being  implemented  by  filing  a  total of  three  motions  for  reconsideration  before  the  Supreme  Court  which  were  all  denied.  As a  last  recourse  to  protect  the  state  pension  fund,  the  current  Board  filed  a  fourth motion  for reconsideration  to  no  avail. The Supreme Court ruled with finality on December 14, 2010 in favor of Mrs. Santiago.

“Hence, the GSIS settled with Mrs. Santiago on the basis of the final Supreme Court Decision.

“The TRO,  issued March  2,  2011, which was  granted  in  favor  of  a  certain Antonio Vilar  and Harold Cuevas, directed  the GSIS Board  to  turn over  to Vilar and Cuevas  the  sums of money adjudged in another case and by another court specifically, Branch 71 of RTC Pasig City.

“Incidentally, Vilar and Cuevas were not parties in the case of Mrs. Santiago. After having gotten wind of the settlement, Vilar and Cuevas all of a sudden surfaced to claim their supposed shares.

“Surprisingly, the TRO gave credence to the supposed right of Cuevas, which only came from an assignment made in his favor by Vilar.  The assignment however was done only on 15 February, 2011 and for only 1/2% of the judgment award in favor of Mrs. Santiago which had long become final in 2004.

“The provisions of the TRO were also highly irregular.   A TRO  is only supposed  to prevent  the Board  of  Trustees  from  doing  certain  acts,  but  the  one  issued  by  Judge Mislang  also  forced them to carry out some acts which they can no longer do since the GSIS and Mrs. Santiago have already entered into a settlement even before the complaint was filed.

“The TRO, in effect, inappropriately resolved the main issue of the case without the benefit of a trial, without considering available evidence, and without observing due process.

“The GSIS,  for  its  part,  is  exhausting  all  available  legal  remedies  to  annul  the  orders  of  Judge Mislang.     However, all members of  the Board are prepared and willing  to go  to  jail  if  this  is the  result of  their collective decision  to protect  the pension  fund and  its more  than 1.7 million members and pensioners. (end)



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