Former Health Secretary Francisco Duque III filed a motion before the Sandiganbayan, asking that a P1.6 billion graft case be filed against him over an alleged unlawful transfer of funds to the Procurement Service of the Department of Budget and Management (PS-DBM) during the COVID-19 pandemic be dismissed.
“The motion to quash was filed this morning,” confirmed Duque to GMA News Online.
This case is about the P41 billion released in 2020 for PS-DBM to buy medical supplies, which include COVID-19 detection kits, ventilators, personal protective equipment, and test kits among others.
The Office of the Ombudsman said Duque consented to the transfer of funds even as the DOH was already capable of handling the procurement; the transfer did not even hasten the process, it claims. The Ombudsman further said the government wasted P1.6 billion more due to the transfer.
Duque said Executive Order 359 provides that PS-DBM is vested with the authority to collect a 4% service fee from common-use supplies and equipment provided for by government agencies, state corporations, and local government units.
He noted that the transfer of funds was made during a national public health emergency declared during the time of then-President Rodrigo Duterte when the country faced emergency concerns during the COVID-19 pandemic. He also added that Bayanihan 1 and 2, which are now proper laws, have allowed the government to expedite procurement processes because of the pandemic.
