I respect the SC decision


Last October 2010, I filed a petition for prohibition and injunction against the Philippine Charity and Sweepstakes Office Board of Directors chaired by Margie Juico for cancelling or preterminating the PCSO’s 50-year lease contract with the Philippine Tuberculosis Society of Quezon Institute -- with 37 years left of said agreement to go at the time – upon the request of the Sweepstakes Employees Union.

I only helped the rank and file of the PCSO who refused to leave the complex, knowing that what Juico flaunted to them -- that the building would collapse “in case of a very strong earthquake” -- was not true and was only meant to inflict fear on the employees to satisfy her  desire to transfer the PCSO to the Philippine International Convention Center in Pasay City.

I have written much about this issue in the past -- that the “reports” obtained by Juico were spurious.  But my main objective was to question the transfer done in haste with only the PCSO board deciding without the approval of President Aquino III.

That was the main issue propounded to me by the Sweepstakes Employees Union and furnished me copies of their objection to the issue at hand, which the new PCSO management refused to consider.

Out of concern for their plight which they were unable to act for fear of being dismissed if they go on with it, they came to me for help.  Maliwanag naman ang kanilang ipinaglalaban, at alam nila ‘yong building occupied by the PCSO more than anybody else. For 13 years they occupied the building and  were sure of its safety, more so when they knew that the past board had attended to minor defects on the floor occupied by the huge machines of the Main Computer Center, which from the start I had instructed way back in 1997 not to place on the second floor when we transferred from San Marcelino .

The Main Computer Center should have been installed on the ground floor instead of the second floor so that can rest firmly on solid adobe foundation. But I had left the PCSO shortly after. Chairman Cecilia Munoz Palma took over but was unable to pursue it.

But we had repaired the flooring of said office before we left the PCSO in 2010.

‘Yon lang naman ang punto ko -- na ang desisyon to preterminate the 50-year lease contract at paglipat ng PCSO sa PICC hindi pwedeng desisyunan ng PCSO board alone.  The President’s approval was extremely necessary before implementation.

In-approve ng board level lang, lumipat at saka na lang in September and October 2010  kumuha si Juico kay Executive Secretary Ochoa ng approval dated November ng 2010, of which I have a copy. Tapos na lahat way before the approval of the President. It was clearly a grave violation of the law, aside from the abuses that went along with it, such as booting out by Juico of the Child Haus Foundation of Ricky Reyes inside the PCSO complex caring for so many children afflicted with leukemia.

Many tears were shed and hardships encountered, but the Supreme Court’s 3rd Division has decided with finality last week.

Associate Justices Presbiterio Velasco, Diosdado Peralta, Roberto Abad, and Jose Mendoza have decided that “there was no grave abuse on the part of the PCSO board members to decide… that the PCSO board members had the powers to make the decision…”

Be that as it may, I only called their attention that since my chairmanship sa PCSO sa panahon ni Presidente Ramos, I knew that all board resolutions had to go through the PMS or Presidential Management Staff designated by the President to review and affirm the decisions of the PCSO board as it’s an agency directly under the Office of the President.

On my part since 1994 to 1998 as PCSO chairman, even ambulance releases had to be approved by the Office of the President, and Margie  knows that, for we were together even then.

When Chairman Livia (Honeygirl) Singson de Leon took over during President Gloria Macapagal-Arroyo’s term, she was able to get a P5-million window to approve sa level ng PCSO board. But only up to P5 million without having to seek prior approval from Malacañang.

‘Yan na ang nadatnan ko when I was appointed as one of the PCSO directors by President Gloria in March of 2004.

Samakatuwid, ‘yang ginastos na hundreds of millions sa paglipat sa PICC at pag-cancel ng 50-year lease agreement between the PCSO and the PTS ng QI needed Presidential approval prior to implementation.

Maliwanag naman na may permiso ang PCSO board to approve by itself up to only P5 million. But despite that, such approval needed Commission on Audit  clearance as we were on pre-audit.  Rules had to be followed. May resident CoA auditor and full staff sa loob ng PCSO.  Meron din resident Ombudsman assigned by the Office of the Ombudsman.

That’s how the PCSO works according to the law that created its charter.

I have done my part and that’s as far as I can do.  Hindi naman yata masama na ipagbigay alam ko sa mga new appointees ni Presidente Aquino sa PCSO, considering that we of the past board were totally deprived of a proper transition to avoid misunderstanding.

Juico, with all the years in the PCSO since President Cory’s term, as a director, never really bothered to know all that, for she concentrated on projects and more projects that she wanted to sponsor.

Hindi naman po ako ang natalo sa SC.  Ang SEU or Sweepstakes Employees Union po ang natalo, for it was really what they wanted but only coursed it through me.

Ayaw ko na po pag-usapan ‘yan at ipasa-Diyos na lang lahat ‘yong nakaraan.

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