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The Court of Appeals (CA) has affirmed its ruling dropping qualified theft charges against 14 officials of the National Press Club (NPC) in connection with the P10-million sale of a mural by National Artist Vicente Manansala in the NPC building to a private art gallery.

 

In a two-page resolution, the CA 13th  Division junked the motion for reconsideration filed by the Government Service Insurance System (GSIS) against former NPC president Roy Mabasa and NPC board members Benny Antiporda, Louie Logarta, Amor Virata, Jun Cobarrubias, Jerry Yap, Alvin Feliciano, Joey Venancio, William Depasupil, Dennis Fetalino, Joel Sy Egco, Conrad Generoso, Rolly Gonzalo, and Samuel Julian.

 

The appellate court, through Associate Justice Priscilla Baltazar-Padilla, said the GSIS failed to present new arguments that would compel the court to reverse its October 7, 2011 ruling. Associate Justices Fernanda Lampas-Peralta and Agnes Reyes-Carpio concurred.

 

The CA ruled that former Justice Secretary Alberto Agra cannot be faulted for reversing the resolution of the Manila Prosecutors Office, which had recommended that the NPC officers be charged with “qualified theft” for selling the mural in 2007 to the Heritage Art Gallery.

 

The CA noted the Pasay City Regional Trial Court Branch 112 ruling that the painting was owned by the NPC when it was removed in January 2007 from the wood-framed wall of the NPC building in Intramuros, Manila. This ruling by the Pasay City RTC prompted the GSIS to bring the case to the appeals court.

 

The courts have held that even if the GSIS owns the lot and the NPC building, “such ownership does not include the mural.”

 

“Clearly, petitioner GSIS never became the owner of the subject painting when it bought the NPC building as well as the land on which it stood,” said the CA. “Thus, GSIS cannot charge private respondents for qualified theft and violation of the anti-fencing law for selling the subject property.”

 

Another division of the CA had earlier dismissed GSIS’s claim of ownership over the mural.

 

“Being the owner of the mural, NPC has all the rights to dispose of the same in whatever manner it desires. NPC cannot be made liable, in any way, in exercising what is merely a propriety act,” the CA held.

 

In April 1975, the GSIS acquired the NPC building in an auction sale after the press club defaulted in paying back the GSIS loan used in building the four-storey structure.

 

In January 2007, the NPC dismantled and sold Manansala’s mural to Odette Alcantara of Heritage Art Gallery for P10 million. After learning about the sale, the GSIS filed a criminal case against the NPC, insisting that the government owned the painting. — MRT/ELR, GMA News