Bayanihan 1 already in effect during Pharmally procurement, Duterte tells senators
MANILA, Philippines — President Rodrigo Duterte insisted on Wednesday that the government’s procurement of medical supplies from Pharmally Pharmaceutical Corp. was in accordance with the Bayanihan to Heal as One Act (Bayanihan 1).
Contrary to the claim of some senators, Bayanihan 1 was already in effect when the Procurement Service of the Department of Budget and Management (PS-DBM) bought face masks, at P27 apiece, from Pharmally, Duterte said during his taped briefing.
He then mention Sen. Francis Pangilinan, one of those who said that Bayanihan 1 was not in effect during the procurement.
“This Pangilinan, he kept on talking about the effectivity date of Bayanihan,” Duterte said in Filipino. “This is what I have to say: What kind of senator are you? You want to debate about technicalities during a global pandemic?”
“You know you do not go into such trivial matters as long as the property, the money of the republic, was well protected, and that the goods that we bought reached their intended beneficiaries. That what we’re after,” he added.
Duterte also read provisions of the Bayanihan 1, particularly Section 9, which is the law’s effectivity clause — his basis for claiming that the law was already in effect after being published at the Official Gazette.
“Why ask us? Why don’t you ask yourself? You are the ones who formed the law. What’s the beef? You crafted that, then you should know how to interpret it. Maybe we were wrong,” Duterte said, addressing Pangilinan.
“You know, it’s like this, Senator Pangilinan. I will read it. This is your work… Section 9 effectivity: This act shall take effect upon its publication in the newspaper of general circulation or the Official Gazette and shall be in full force and effect only for three months unless extended by Congress,” he said.
At the Senate blue ribbon committee hearing on Monday, Pangilinan dismissed the assertion of former PS-DBM head Lloyd Christopher Lao that the Pharmally procurement that was done on March 25, 2020 — a day after Bayanihan 1 was enacted — was already under the jurisdiction of the law.
But Pangilinan said that the Bayanihan 1 took effect on April 6, and Senate President Vicente Sotto III added that there was no Bayanihan 1 in effect on March 25.
“No. March 25? Therefore it was already compliant and transaction falls under Bayanihan 1? Mr. President, we have to look into this because the effectivity of Bayanihan 1 was after posting, and it was April 6,” Pangilinan told Lao.
“I think it was published in the Official Gazette March 25 Mr. Chairman. It was signed by the president on March 24. It was passed by Congress I think March 23,” Lao said.
“The Bayanihan 1 and the rules, Mr. President, took effect April 6. The [supplies] that were delivered March 25 was not yet covered by Bayanihan 1,” Pangilinan replied.
READ: Senators tell Lao: Bayanihan 1 not yet in effect when you bought masks from Pharmally
PS-DBM and Pharmally are the focus of the Senate probe, which was prompted by a Commission on Audit (COA) report that showed deficiencies in the handling of P67.32 billion in COVID-19 funds of the Department of Health (DOH).
Part of that is the P42 billion funds transferred by DOH to PS-DBM. The PS-DBM in turn gave contracts to Pharmally worth P8.7 billion.
The Senate hearing also took note of Pharmally’s face mask that cost P27 per piece. The senators pointed out that local firms were selling the masks at just P13 per piece.
However, Lao and other officials stressed that the prices of pandemic supplies were still high at the time of the procurement.
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