MANILA – The Office of the Ombudsman has dismissed the administrative charges filed against former Department of Health (DOH) secretary Francisco Duque III.
The case stemmed over the alleged illegal transfer of P41-billion DOH funds to the Procurement Service of the Department of Budget and Management (PS-DBM) during the height of the COVID-19 pandemic in 2020.
According to the Ombudsman, Duque was absolved 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,” it further said.
Based on the criminal information filed with the Sandiganbayan, DOH’s transfer of P41 billion funds to PS-DBM in 2020 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.
Government prosecutors 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.
They added that 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.
Aside from Duque, also charged in connection with the fund transfer was former Budget Undersecretary Christopher Lao, who also has a pending petition for the dismissal of his cases./PN
