Ombudsman junks admin raps vs Duque over COVID-19 fund transfer

The Office of the Ombudsman has junked the administrative charges filed against former Health Secretary Francisco Duque III over the alleged illegal transfer of P41-billion Department of Health (DOH) funds to the Procurement Service of the Department of Budget and Management (PS-DBM) in 2020.

The Ombudsman cleared Duque since the maximum penalty for an administrative charge, which is removal from public office, can no longer be applied to him as he is no longer a government official.

"Following the Supreme Court's pronouncement in Andutan as further clarified ni Jamorabo, this Office is constrained to hold that Duque is no longer the proper subject of an administrative complaint in connection with the irregular fund transfers to PS-DBM during his stint as DOH Secretary," it said.

"Considering that the issues on the administrative charges have been rendered moot, this Office sees no point in belaboring the other arguments relating thereto," the Ombudsman added. 

"Wherefore, with respect to OMB-C-A-AUG-23-0089, the Consolidated Motion for Reconsideration dated 14 May 2024, together with the Supplement dated 20 May 2024 are granted. The administrative charges for grave misconduct, gross neglect of duty, conduct prejudicial to the best interest of the service docketed against respondent Francisco Duque III are hereby dismissed." 

Duque, however, is still facing graft charges in connection with the budget transfer. 

According to the criminal information that was filed with the Sandiganbayan, the DOH's transfer of P41 billion to PS-DBM in 2020 during the height of the pandemic was illegal and without basis. 

The fund was 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 said 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 government prosecutors also said such transfer was not provided under a memorandum of agreement, and the required certifications of liquidation of previous transfers prior to the subsequent release of funds were not submitted.

Duque said the graft charge is baseless but expressed confidence that he would be able to prove his innocence before the Sandiganbayan.

"It is unfair and the injustice hurts, but I have full trust and confidence that I will be able to prove my innocence before the Sandiganbayan, a court of law that will clearly see that the transfer of the funds by the DOH to PS-DBM at the time of national public health emergency, when COVID supplies such as PPEs (personal protective equipment) were scarce, was lawful and proper," Duque had said.

Christopher Lao

Aside from Duque, also facing graft charges in connection with the fund transfer was former Budget Undersecretary Christopher Lao.

Lao on Monday asked the Sandiganbayan to junk the graft charge against him.   

Lao, who is lawyering for himself, informed the court of his motion to quash the graft charge and subsequently asked it to defer his arraignment 

The arraignment is the day when the accused pleads guilty or not guilty to the case.

In response, the court rescheduled Lao's arraignment to November 11 to give state prosecutors time to comment on his motion to quash.  —KBK, GMA Integrated News