This is AI generated summarization, which may have errors. For context, always refer to the full article.
Ombudsman Samuel Martires clarifies, however, that Duque’s clearance in his administrative case won’t affect his pending graft case
MANILA, Philippines – The Office of the Ombudsman has cleared former Department of Health (DOH) secretary Francisco Duque III in his administrative case related to the “irregular” transfer of P41-billion DOH funds during the pandemic.
The Ombudsman, in a 10-page resolution, granted Duque’s motion for reconsideration on the Ombudsman resolution that found him guilty of grave misconduct and conduct prejudicial to the best interest of the service.
Duque was cleared in his administrative case due to lack of jurisdiction. The Ombudsman explained that the administrative complaint was only filed against Duque on August 15, 2023, or after he already left his post on June 30, 2022.
“Here, there is no denying that Duque’s separation from service coincided with the end of President Rodrigo Duterte’s term of office on 30 June 2022. Such separation was a necessary consequence of the coterminous nature of his appointment as DOH Secretary,” the Ombudsman said in its latest resolution.
Due to the reversal of the guilty ruling on the administrative case, the Ombudsman also set aside the penalties of forfeiture of retirement benefits and perpetual disqualification from reemployment in government against Duque.
However, the same ruling does not apply to former Procurement Service of the Department of Budget and Management (PS-DBM) chief Christopher Lao, Duque’s co-accused, according to Ombudsman Samuel Martires. Unlike Duque, he said Lao did not raise the issue of jurisdiction.
Martires also clarified that the dismissal of the administrative case will not affect the pending graft case against Duque and Lao.
In August this year, the Ombudsman filed the graft case against Duque and Lao with the Sandiganbayan in relation to the controversial transfer of P41.4 billion in DOH funds to Lao’s office in 2020 for procurement of COVID-19 supplies.
According to the Ombudsman, Duque and Lao allegedly caused injury to the government since the transaction charged a 4% service fee, which totaled P1.659 billion. The Ombudsman prosecutors added that Duque acted in bad faith when he approved the fund transfer and when Lao accepted the money even if the PS-DBM did not have the supplies needed by the DOH.
Last month, the police arrested Lao in Davao City. – Rappler.com
