The Ombudsman’s push for graft fees in opposition to two former officers concerned within the controversial Pharmally case simply recollects that previous noticed attributed to historic Greek and Chinese language philosophers: “The wheels of justice flip slowly, however they grind exceedingly fantastic.”
In a decision launched final week, Ombudsman Samuel Martires has beneficial the submitting of a graft case in opposition to former Division of Well being secretary Francisco Duque III and former undersecretary Lloyd Christopher Lao of the Procurement Service of the Division of Funds and Administration, for the allegedly irregular switch of over P41 billion from DOH to PS-DBM to acquire COVID-19 provides in the course of the Duterte administration.
Within the overdue however extensively welcomed ruling, the Ombudsman additionally discovered Duque and Lao responsible of grave misconduct and conduct prejudicial to the perfect curiosity of the service, and ordered the forfeiture of all their retirement advantages and their perpetual disqualification from authorities service. He additionally fined them the equal of 1 yr’s wage.
‘Evident dangerous religion’
The costs stemmed from the criticism filed in 2022 by then Sen. Richard Gordon and Sen. Risa Hontiveros earlier than the Workplace of the Ombudsman for the DOH’s questionable switch of P41,463,867,117.52 to PS-DBM, which was earlier flagged by the Fee on Audit for lack of supporting paperwork.
In his decision, the Ombudsman stated there was “no authorized obligation nor compelling motive” for the fund switch because the DOH, having the “experience” and “technical information” on COVID-19 provides, may have negotiated instantly with merchants. The DOH additionally has “4 or 5 bids and awards committees” that would have achieved the transaction, the ruling stated. It added that other than saving the DOH greater than P1.65 billion within the 4-percent PS-DBM service price that would have been used to buy extra pandemic provides, a direct purchase from suppliers would have hastened the procurement course of as a substitute of including one other layer of forms.
Among the many components of graft cited within the case, the ruling stated the 2 officers’ act of “evident dangerous religion”… “gave (a) get together unwarranted advantages, benefit, or choice.” That favored “get together” refers to Pharmally Pharmaceutical Corp., which cornered the multibillion-peso DOH contract regardless of its measly capitalization of P625,000. Testimonies from unwilling witnesses throughout a collection of Senate hearings from 2021 to 2022 extracted the data that the agency’s officers are Chinese language nationals, with its financier recognized as then President Rodrigo Duterte’s financial adviser Michael Yang, additionally a Chinese language citizen.
Attainable collusion
Whereas the Ombudsman’s decision got here nearly three years after the marathon hearings on the Pharmally case, Hontiveros described it as a “victory” for the general public who felt betrayed in the course of the well being disaster. Based on DOH information, a complete of 24,234 health-care staff contracted COVID-19, of whom 104 died whereas serving on the entrance strains, their well being danger aggravated by the shortage of medical provides and protecting gear, in keeping with the Alliance of Well being Staff.
The Ombudsman’s ruling, the group added, “sends a powerful message” that prime authorities officers who abuse their energy and misuse public funds can be held accountable.
Insisting that the fund switch was professional, Duque stated he’ll file a movement for reconsideration to “refute the allegations.” That’s, after all, Duque’s proper and a part of the judicial course of. However it might be tough to problem the 113-page Senate blue ribbon committee report based mostly on witness testimony that uncovered the attainable collusion between Duterte officers and Pharmally within the overpriced but substandard pandemic provides given to well being staff. With so many damning particulars unearthed within the Senate hearings, Duterte suspiciously issued a memo on Oct. 4, 2021, forbidding Cupboard officers and staff from the manager department from attending the probe.
‘Following the cash path’
The draft report, in actual fact, beneficial the submitting of circumstances in opposition to Duterte himself, as soon as his time period ends, for failing to go after his appointees behind the irregularities within the Pharmally deal. Regardless of Gordon’s finest efforts, nonetheless, Duterte’s allies within the Senate refused to signal the draft report, sparing the culpable officers—together with the previous president—from additional public scrutiny and attainable graft fees.
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The Ombudsman’s decision recommending graft fees in opposition to Duque and Lao ought to change all that. It’s a laudable step to exacting accountability from officers who openly used their place for private {and professional} acquire regardless of a well being emergency. Hopefully, as Gordon prompt, the Ombudsman would pursue Duterte as nicely by “following the cash path,” in order that those that had unconscionably plundered public funds after they had been most wanted, would get what they really deserve: thorough prosecution to the fullest extent of the legislation.
