The Office of the Ombudsman (OMB) has dismissed the administrative charges against former Department of Health (DOH) Secretary Francisco Duque III regarding the alleged anomalous transfer of P41.4 billion worth of COVID-19 supplies to the Procurement Service of the Department of Budget and Management (PS-DBM) in 2020.
In a 10-page order dated August 5 which was only made public recently, the OMB dismissed the administrative case which included accusations of grave misconduct, conduct detrimental to the best interest of the service, and gross neglect of duty.
The Ombudsman granted Duque's consolidated motion for reconsideration, following a May 6 decision that originally found him and his co-respondents guilty and ordered their dismissal from public service, along with the forfeiture of retirement benefits and a lifetime ban from government employment.
In its ruling, the OMB explained that Duque's administrative case was no longer relevant, citing the Supreme Court's rulings.
"The administrative charges for Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, and Gross Neglect of Duty docketed against respondent Francisco T. Duque III are hereby dismissed," the OMB stated.
It further noted that since Duque's term ended with the administration of former President Rodrigo Duterte on June 30, 2020, he was no longer a proper subject for administrative complaints.
However, the dismissal of the administrative case does not mean the end of Duque’s legal battles. The Ombudsman has already filed graft charges before the Sandiganbayan, with Duque facing allegations over the same P41 billion fund transfer to PS-DBM.
Prosecutors argue that the transfer violated proper procedures, claiming that it was conducted without a valid memorandum of agreement and without necessary liquidation certifications for previous fund releases.
The OMB pointed out that while Duque authorized the transfer of the funds, the DOH had the capacity to manage the procurement of medical supplies, such as detection kits, ventilators, and personal protective equipment, without needing to go through PS-DBM.
Along with Duque, former Budget Undersecretary Christopher Lao is also facing graft charges related to the fund transfer.
Lao recently filed a motion to quash the charge against him and successfully postponed his arraignment, which is now scheduled for November 11, 2024.
The motion is still pending as state prosecutors prepare their response.
LOOK: Kasong administratibo laban kay dating @DOHgovph sec. Francisco Duque III na may kinalaman sa P41 billion PS-DBM anomaly, ibinasura ng Ombudsman | @dzrh5 Val Gonzales, DZRH News pic.twitter.com/3N5mUuQnWa
— DZRH NEWS (@dzrhnews) October 14, 2024
