Ombudsman says probe on DOH can wait ’til COA issues final audit report

FILE Ombudsman Samuel Martires. INQUIRER FILE PHOTO/LYN RILLON

MANILA, Philippines — The Office of the Ombudsman will choose to wait for the final audit report of the Commission on Audit on the Department of Health (DOH) to avoid losing in court, as the initial findings against the department can still be complied with.

Ombudsman Samuel Martires said on Friday that the COA auditing process is still ongoing, the results of which may still be appealed to the Commission proper. According to him, the state auditor’s annual audit report (AAR) may be likened into a Regional Trial Court’s decision, as it can still be elevated to higher courts for a final decision.

When news about COA finding deficiencies in P67.32 billion of DOH’s COVID-19 funds broke out, Martires also issued a separate statement saying that they would await for the final audit report.  But his stand was assailed by several past and present officials who believe that the Ombudsman should have reprimanded DOH officials already.

“The AAR is composed of several Audit Observations Memorandums and the agency is given the time to comply with the recommendations of the auditors. The AAR is final and can no longer be changed,” Martires said.

“But the audit process is still on-going and not yet complete. If we were to compare it to a case before the regular courts, the findings of the auditor can be likened to a decision by the Regional Trial Court which is appealable to the Court of Appeals or the Supreme Court. In this case, the audit observations can still be brought to the Commission Proper for final decision,” he added.

Martires also clapped back at calls for him to already mount an investigation against the DOH, such as the call of his predecessor, former Ombudsman and Supreme Court Justice Conchita Carpio-Morales.

“I also want to avoid another wastage of government resources and embarrassment on the part of the Ombudsman prosecutors, the likes of which happened in the numerous cases which Justice Carpio Morales filed against a former Congressman and several department heads of Caloocan City,” he said, referring to the case against former Caloocan Mayor Enrico “Recom” Echiverri.

Carpio-Morales, a critic of the administration, earlier was quoted as saying that the Ombudsman must already look into the issues hounding DOH. Her sentiment was also shared by Senator Grace Poe, who said that Health Secretary Francisco Duque III should have been suspended now.

Martires claimed that his office has been working behind the limelight, proof of which is their motu propio investigation of overpriced COVID-19 protective equipment and unpaid health workers’ benefits even before COA pointed these out.

The investigation, Martires says, has resulted in the suspension of five DOH officials.

“The Office of the Ombudsman would prefer to work quietly and away from the limelight, particularly when the reputation of people in the government are concerned. After all, we still operate under the Constitutional presumption of innocence and the statutory presumption that official functions are regularly performed,” he said.

For now, Martires said that what his office would do is to review the COA report and compare it with their previous investigation to check for any possible cases.

“Our next step now is to review the COA Report and compare the same with our findings to determine the existence of any administrative or criminal liability in relation to the financial transactions of the DOH,” he explained.

DOH has been in hot water recently after the COA report found “deficiencies” in the department’s management of pandemic funds amounting to P67.32 billion, among other alleged irregularities, including the procurement of face masks and face shields that were blatantly overpriced.

EDV