MANILA — The Office of the Ombudsman did not indict former President Rodrigo Duterte over the anomalous purchase of COVID-19 test kits from Pharmally because there was no evidence linking him to it.

• Ombudsman OKs graft raps vs ex-PS-DBM officials over Pharmally mess

Duterte's former economic adviser Michael Yang was not indicted either because of insufficiency of evidence, Ombudsman Samuel Martires said.

"There is again no evidence on record that the former President is involved in the purchase of the test kits," Martires told the House Appropriations Committee on Monday.

"On the matter of Michael Yang, there is no concrete proof or evidence that Michael Yang is also involved in the supply of the test kits... The evidence are insufficient to indict Michael Yang and no evidence in so far as the former president is concerned," Martires also said.

Although charges have been recommended against some personalities linked to the Pharmally mess, nobody has been charged with plunder.

"[P]er the decision of the Supreme Court in the Macapagal-Arroyo case, where the ponente is now executive Secretary Lucas Bersamin, they said that the plundered must be identified," Martires said.

"In this case, the plundered is not identified."

• Ombudsman stands by decision not to recommend charges vs Duterte in Pharmally scandal

The Ombudsman recently recommended filing graft charges against three former officials of the Procurement Service-Department of Budget and Management (PS-DBM) over their involvement in a controversial COVID-19 test kits contract with Pharmally Pharmaceutical Corporation.

In a resolution dated Aug. 14, the Ombudsman's office found that former PS-DBM executive director Lloyd Christopher Lao, former procurement group director Warren Rex Liong, and former procurement management officer Paul Jasper De Guzman had caused undue injury to the government worth P4.165 billion.

The Ombudsman also recommended the filing of graft charges against Pharmally executives Twinkle Dargani, Mohit Dargani, Linconn Ong, Justine Garado, and Huang Tzu Yen.

Martires however said his office is not yet done with Pharmally.

"There are two more issues or cases undergoing investigation in the Office of the Ombudsman and soon that will be completed," Martires said.