GSIS remittance not part of mayor's duties — SC

The Supreme Court (SC) ruled that remitting contributions to the Government Service Insurance System (GSIS) is not part of a mayor's official duties.

In a 21-page resolution dated in June, the SC Special First Division cited the Local Government Code, which refers to municipal mayors as "chief executives" and not "heads of offices" under the GSIS Act of 1997.

"[N]owhere in the Local Government Code of 1991 does it include the remittance of GSIS premiums as part of the duties of a mayor," the SC said.

The SC made the remark in its ruling acquitting Sto. Tomas, Isabela Mayor Antonio Talaue of violation of Republic Act 8291 or the GSIS Act of 1997.

It reversed and set aside the resolution of the Sandiganbayan for failure of the prosecution to prove his guilt beyond reasonable doubt.

"[T]he Court finds that the prosecution miserably failed to demonstrate that Talaue had the volition or conscious intent not to remit or cause the non-remittance of the GSIS premium contributions of the employees of the municipality," the SC said.

"Records show that upon being notified of the municipality's unpaid premium contributions, Talaue readily acknowledged the same and made verbal instructions… to update the municipality's accounts with GSIS," it later added.

Talaue served as mayor from 1988 to 1998 and from 2001 to 2010. He was again elected as mayor in the 2022 national and local elections.

According to the high court, the GSIS informed Talaue in 2003 that the municipality failed to remit the social insurance contributions of its employees between 1997 and 2003 amounting to P12 million.

Meanwhile, the GSIS later charged Talaue with violation of the GSIS Act before the Office of the Ombudsman. The Sandiganbayan found him guilty in March 2019 and sentenced him to imprisonment from three to five years.

The SC initially denied Talaue's appeal in 2021 but later granted his motion for reconsideration, leading to the present case.

"All told, there was no attempt on the part of the prosecution to show Talaue's intent to perpetrate the crime charged," the SC said.

"His conviction must, perforce, be overturned," it added. — VDV, GMA Integrated News