Duque asks Sandiganbayan to junk graft case over COVID funds transfer | ABS-CBN
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Duque asks Sandiganbayan to junk graft case over COVID funds transfer
Duque asks Sandiganbayan to junk graft case over COVID funds transfer
Former Health Secretary Francisco Duque III, December 27, 2021. King Rodriguez, Presidential Photo/File
Former Health Secretary Francisco Duque III, December 27, 2021. King Rodriguez, Presidential Photo/FileMANILA – Former Health Secretary Francisco Duque III has asked the Sandiganbayan First Division to dismiss the graft case against him and former budget undersecretary Lloyd Christopher Lao.
MANILA – Former Health Secretary Francisco Duque III has asked the Sandiganbayan First Division to dismiss the graft case against him and former budget undersecretary Lloyd Christopher Lao.
The graft charges stemmed from the controversial transfer of P41.46 billion worth of Department of Health (DOH) funds to the Department of Budget and Management's Procurement Service (PS-DBM) in 2020.
The graft charges stemmed from the controversial transfer of P41.46 billion worth of Department of Health (DOH) funds to the Department of Budget and Management's Procurement Service (PS-DBM) in 2020.
The funds in question were for the purchase of much-needed COVID-19 supplies test kits, personal protective equipment (PPE), mechanical ventilators and medical masks during the onset of the pandemic.
The funds in question were for the purchase of much-needed COVID-19 supplies test kits, personal protective equipment (PPE), mechanical ventilators and medical masks during the onset of the pandemic.
"We filed a motion to quash the graft case this morning with the Sandiganbayan," he told ABS-CBN News in a text message.
"We filed a motion to quash the graft case this morning with the Sandiganbayan," he told ABS-CBN News in a text message.
The Office of the Ombudsman formally filed the charges before Duque and Lao before the anti-graft court on August 27.
The Office of the Ombudsman formally filed the charges before Duque and Lao before the anti-graft court on August 27.
The Ombudsman claimed that Duque's decision to transfer the funds to PS-DBM further slowed down the procurement process and that the PS-DBM did not have the expertise to evaluate the needed items.
The Ombudsman claimed that Duque's decision to transfer the funds to PS-DBM further slowed down the procurement process and that the PS-DBM did not have the expertise to evaluate the needed items.
It reiterated that the DOH is the agency with the expertise and knowledge on the technical requirements of the items needed to be purchased.
It reiterated that the DOH is the agency with the expertise and knowledge on the technical requirements of the items needed to be purchased.
The Ombudsman also pointed out that the items ordered by DOH to PS-DBM could not be categorized as "Common Supplies and Equipment" which is a requirement to tap the latter's services.
The Ombudsman also pointed out that the items ordered by DOH to PS-DBM could not be categorized as "Common Supplies and Equipment" which is a requirement to tap the latter's services.
The PS-DBM charged the DOH a "4-percent service fee" for the procurement amounting to an estimated P1.6 billion.
The PS-DBM charged the DOH a "4-percent service fee" for the procurement amounting to an estimated P1.6 billion.
Duque said that under Executive Order No. 359, the PS-DBM is allowed to charge a 4-percent service fee for all common supplies and equipment that national government agencies, government-owned or controlled corporations, state universities and colleges and local government units procure from the budget department.
Duque said that under Executive Order No. 359, the PS-DBM is allowed to charge a 4-percent service fee for all common supplies and equipment that national government agencies, government-owned or controlled corporations, state universities and colleges and local government units procure from the budget department.
"The 4% service fee is collected by PSDBM to cover their personnel cost and other operating expenses. Any excess is reverted to the national government," Duque said.
"The 4% service fee is collected by PSDBM to cover their personnel cost and other operating expenses. Any excess is reverted to the national government," Duque said.
"Having said this, the element of damage or injury to government as alleged by the Ombudsman is therefore absent thus the motion to quash," he added.
"Having said this, the element of damage or injury to government as alleged by the Ombudsman is therefore absent thus the motion to quash," he added.
The former DOH chief argued that his actions could be justified by the situation then.
The former DOH chief argued that his actions could be justified by the situation then.
"We must also remember that all the actions of the SOH were done in the context of a national public health emergency due to the COVID-19 pandemic as declared by then President Rodrigo Roa Duterte and Congress thru Bayanihan 1 & 2 laws, when there were no drugs or medicines like antivirals and not a drop of vaccine to speak of," Duque said.
"We must also remember that all the actions of the SOH were done in the context of a national public health emergency due to the COVID-19 pandemic as declared by then President Rodrigo Roa Duterte and Congress thru Bayanihan 1 & 2 laws, when there were no drugs or medicines like antivirals and not a drop of vaccine to speak of," Duque said.
The Ombudsman was given 10 days to comment on the motion of Duque.
The Ombudsman was given 10 days to comment on the motion of Duque.
"That’s the prerogative of former Secretary [Francisco] Duque to avail of legal remedies," Ombudsman Samuel Martires said in a message to reporters.
"That’s the prerogative of former Secretary [Francisco] Duque to avail of legal remedies," Ombudsman Samuel Martires said in a message to reporters.
Duque's arraignment, originally set for Monday, has been moved to a later date.
Duque's arraignment, originally set for Monday, has been moved to a later date.
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