Overall Deputy Ombudsman Warren Rex H. Liong on Thursday, March 23, declared he cannot be prosecuted administratively or criminally on the P4.165 billion procurement of Covid-19 test kits from Pharmally Pharmaceutical Corporation in 2020.
Liong was one of the 33 officials of the Department of Budget and Management (DBM) and the Department of Health (DOJ) who were suspended by his own office, the Office of the Ombudsman (OMB), on charges filed against them over the test kits purchases.
In a press statement issued through his lawyer Rafael Vicente R. Calinisan during a press conference, Liong said the report of the Commission on Audit (COA) did not mention anything about “overpricing” in the transactions.
Liong stressed his “utmost respect” for Ombudsman Samuel R. Martires who issued the six-month preventive suspension order.
But he said in his statement that if the issues being questioned by the OMB are violations of violations of Republic Act No. 9184 or the Government Procurement Reform Act, he explained that RA 11469 or the Bayanihan to Heal as One Act exempts them from the procurement rules.
"Dahil dito, ang pinuno ng ahensya o awtorisadong kinatawanan ay maaaring agad na pumasok sa isang kasunduan. Ito ay katulad ng mass testing agreement sa pagitan ng PhilHealth at Philippine Red Cross noong Mayo 2020 na hindi dumaan sa bidding, (Because of this, the head of the agency or authorized representative may immediately enter into an agreement. This is similar to the mass testing agreement between PhilHealth and the Philippine Red Cross in May 2020 that did not go through bidding)," he said.
At the same time, Liong denied earning even a single peso from the subject transactions, and he pointed out that he acted according to the rules set by the Bayanihan to Heal as One Act.
He clarified that he was not the head of his office in the DBM, nor was he a member of the bids and awards committee (BAC). When the Covid-19 test kits were purchased, Liong said he was new to the office and had no influence to wield.
"Nakakalungkot na ako ay nasangkot pa sa kasong ito na sumulpot noong kainitan ng eleksyon ng 2022, (It is disheartening that I was involved in this case that came out during the height of the 2022 elections)," he said.
"While I cannot speak for everyone, para klaro, hindi po ako kumita dito. Kaya ang hamon ko po ay ituro ng kinauukulan kung sino talaga ang mga kumita dito. Unfair na madamay ang mga inosenteng tao sa kasong ito, (for clarity, I did not earn from this. It is my challenge for those involved to really point at who benefitted from this. It is unfair that innocent people are dragged into this case)," he added.
Liong was the procurement group director of the Procurement Service of DBM (PS-DBM). In the latter part of 2020, he was appointed to the OMB.
Aside from Liong, also suspended by the OMB were Lloyd Christopher A. Lao, undersecretary/officer-in-charge executive director, PS-DBM; Christine Marie L. Suntay, director IV, PS-DBM; Fatimah Amsrha A. Penaflor, OIC-chief accountant, PS-DBM; Joshua S. Laure, OIC-chief accountant, PS-DBM; Earvin Jay L. Alparaque , executive assistant IV, PS-DBM; Julius M. Santos, procurement management officer VI, PS-DBM;
Paul Jasper V. De Guzman, procurement management 0fficer, PS-DBM; Dickson T. Panti, procurement management officer V, PS-DBM; Karen Anne Requintina, procurement management officer V, PS-DBM; Rodevie Cruz, procurement management officer V, PS-DBM; Webster Laurenana, procurement management officer V, PS-DBM; Sharon Baile, procurement management officer V, PS-DBM;
Gerelyn F. Vergara, procurement management oOfficer IV, PS-DBM; Abelardo Gonzales, procurement management officer IV, PS-DBM; Jez Charlemagne Arago, executive assistant II, PS-DBM; Nicole John Cabuenos, procurement management officer III, PS-DBM; Ray-ann V. Sorilla, procurement management officer III, PS-DBM; Chamel Fiji C. Melo, procurement management officer III, PS-DBM;
Allan Raul M. Catalan, chief-comptroller division, PS-DBM; Mervin Ian D. Tanquintic, PS-DBM; Jorge L. Mendoza III, PS-DBM; Jasonmer L. Uayan, PS-DBM; August M. Ylangan, PS-DBM; Nestor F. Santiago Jr., assistant secretary health, public services team, DOH; Crispinita A. Valdez, director IV, procurement service, DOH;
Amado Tandoc, head, laboratory research division, DOH-Research Institute for Tropical Medicine (RITM); Lei Lanna Dancel, DOH-RITM; Dave Tangcalagan, DOH-RITM; Jhobert Bernal, DOH-RITM; Kenneth Aristotle P. Punzalan, DOH-RITM; Rose Marasigan, DOH-RITM; and Maria Carmela Reyes, supply chain management service, DOH-RITM.
In its suspension order, the OMB said there are compelling reasons to place Liong and the other officials under preventive suspension pending investigation of the case, because there is "overwhelmingly documentary proof" that would show that they are guilty of the charges of Grave Misconduct, Gross Neglect of Duty, Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the Service.
Those charged reportedly bought 8,000 units of BGI Real Time Fluorescent RT-PCR Kits priced at P600 million on April 23, 2020. The purchase was covered by Purchase Order No. PO20-00210-CSE.
The next purchase was for 2,000 units of A*Star Fortitude RT-PCR Test Kits priced at P688 million covered by PO No. PO20-00211-CSE. Lastly, 41,400 units of BGI Real Time Fluorescent RT-PCR Kits were purchased on June 9, 2020 for P2,877,300,000 covered by PO No. PO20-00286-CSE.
"The gravity of these offenses coupled with the seriousness of their participation would warrant removal from the service," the OMB’s order stated.
It said that because their continued stay in office might prejudice the case filed against them, they are preventively suspended in the interest of an "unhampered" investigation.
Other than Liong, those suspended could not be contacted for comment as of posting time.