Pharmally case reaches court, but sans ‘big fish’ – Gordon

Former Senator Richard Gordon —Inquirer file photo

MANILA, Philippines — With the graft charges against two alleged key figures in the questionable procurement of pandemic supplies now in the antigraft court, a former senator who led an inquiry into the alleged irregularity has urged the Office of the Ombudsman to also go after the “big fish.”

Sen. Richard Gordon on Saturday lauded the Ombudsman’s filing of a graft case against former Health Secretary Francisco Duque III and former Budget Undersecretary Christopher Lloyd Lao in the Sandiganbayan, but stressed that the job was not yet done.

“This is only a partial step toward unmasking the real culprits—the big fish who engineered and orchestrated this entire scheme,” Gordon said in a statement without identifying who he believed was the mastermind.

READ: Raps vs Duque, Lao a ‘big relief’ for health workers

“We must all support and encourage the Ombudsman to ensure that these key figures, responsible for the blatant and widespread misuse of public funds during the unprecedented COVID-19 pandemic, are held accountable,” he added.

Gordon, who headed the Senate blue ribbon committee, steered its probe into the multibillion-peso contracts that went to Pharmally Pharmaceutical Corp., a months-old company with a paid-up capital of only P625,000 when the COVID-19 pandemic broke out.

Biggest single contract

Pharmally bagged P11-billion worth contracts to provide the various medical supplies, such as COVID-19 test kits, face shields and personal protective equipment (PPE), to the Department of Health (DOH). It was the biggest amount won by a single pandemic medical supplier.

Gordon noted that the latest development in the case would take on the alleged irregular transfer of P41.5 billion in public funds from DOH to the Procurement Service-Department of Budget and Management (PS-DBM), which services procurement needs of government agencies.

Ombudsman Samuel Martires confirmed to the Inquirer that his office filed the graft case against Duque and Lao in the Sandiganbayan last week.

Duque on Saturday said he had not yet been notified about the decision of the Ombudsman, whose move to file the charges meant that he had rejected the former health chief’s motion for reconsideration of the complaint against him, which he filed in May.

Probable cause

The Office of the Ombudsman earlier found probable cause to hold Duque and Lao liable for graft for failing to fulfill the requirements to tap the PS-DBM to the purchase medical supplies on behalf of DOH for a 4-percent service fee.

It found Duque and Lao guilty of grave misconduct and “conduct prejudicial to the best interest of the service,” for which they were penalized with perpetual disqualification from employment in government and forfeiture of their retirement benefits.

Duque said that the indictment was “baseless” and “unfair.”

But he expressed confidence that he would be able to defend his actions, which he said were prompted only by “our goal to timely procure the life-saving PPEs and other pandemic supplies for the protection of the Filipinos.”

“I have full trust and confidence that I will be able to prove my innocence before the Sandiganbayan, a court of law that will clearly see that the transfer of the funds by the DOH to PS-DBM at the time of national public health emergency, when COVID supplies such as PPEs were scarce, was lawful and proper,” Duque said in a text message.