Duque asks Sandigan to junk raps over transfer of P41B funds for COVID-19 supplies

Former Health secretary Francisco Duque III has asked the Sandiganbayan to junk the P1.6 billion graft case filed against him in connection with alleged unlawful transfer of funds to the Department of Budget and Management's procurement services unit.

"The motion to quash [the charges] was filed this morning," Duque told GMA News Online.

He was referring to the transfer of the P41 billion to the Procurement Service (PS-DBM) in 2020 for the procurement of medical supplies for the pandemic, including detection kits, nucleic acid extraction machine, mechanical ventilator, personal protective equipment, surgical mask, cadaver bag, and various test kits.

The Ombudsman alleged that Duque authorized the transfer of the fund even though it would not hasten the implementation of the project and despite the fact that the DOH had the capacity and proficiency to undertake the procurement.

The P1.6 billion was the additional cost that the government incurred due to the transfer of funds to the PS-DBM.

Duque, however, argued that Executive Order 359 authorizes the PS-DBM to charge 4% service fee for all common use supplies and equipment that government agencies, as well as state-run corporations and local government units, procured through it.  

“The 4% service fee is collected by PS-DBM to cover their personnel cost and other operating expenses. Any excess is reverted to the national government," the former Health chief said.

"Having said these, the element of damage or injury to government as alleged by the Ombudsman is therefore absent, thus the motion to quash,” he added.

Duque also reiterated that his actions to transfer P41 billion worth of DOH funds to the PS-DBM for procurement of COVID-19 supplies were done in the context of a national public health  emergency due to the COVID-19 pandemic as declared by then President Rodrigo Duterte and the passage of Bayanihan 1 and 2 laws.

“These were done when there were no drugs or medicines like antivirals and not a drop of vaccine to speak of. Only PPEs (personal protective equipment) were proven effective against the unprecedented conflagration of a deadly virus,” he said

Due to Duque’s motion to quash, his arraignment or the day when he will register his plea of guilty or non-guilty scheduled on Monday, September 30, has been moved to a later date. —AOL, GMA Integrated News