Duque had no hand in IRM implementation - Lacson
Senator Panfilo Lacson on Wednesday said there may not be enough evidence to implicate Health Secretary Francisco Duque III in the criminal charges that the Senate Committee of the Whole has recommended against officials in the Philippine Health Insurance Corporation (PhilHealth).
Lacson, vice chairperson of the committee which investigated the claims of corruption in the PhilHealth, observed that Duque's involvement in the alleged irregularities has not been sufficiently established in the Senate's hearings.
"If I had my way, as I already said before, based on the three hearings of the Committee of the Whole, there may not be enough evidence to recommend criminal charges against Sec. Duque," he said in a statement on September 2.
"For the simple reason that like the other members of the PhilHealth Board, he had no hand in the illegal implementation of the IRM; nor was he involved in the procurement of overpriced IT equipment," he added.
Duque concurrently chairs the PhilHealth Board of Directors in an ex-officio capacity.
In a separate radio interview, Lacson said he personally thinks that the PhilHealth Board has no hand in the implementation of the programs of the corporation.
Lacson, however, acknowledged the sentiment of his colleagues on the issue.
"My colleagues - particularly Senate President Sotto who chaired the COW hearings - would have seen it another way. Since we are a collegial body, we always abide by the rule of the majority," he said.
Senate President Vicente Sotto III sponsored on Tuesday the findings and recommendations of the Committee of the Whole on the reported corrupt and anomalous practices in the PhilHealth.
The report, signed by 22 senators including Lacson, recommended the filing of malversation, graft and other criminal charges against Duque, resigned PhilHealth president and chief executive officer Ricardo Morales and other top officials, specifically for their supposed misfeasance, nonfeasance and malfeasance over the "improper and illegal" disbursements of the state insurer under the Interim Reimbursement Mechanism (IRM), as well as its failure to withhold taxes in the advanced payments issued to health care institutions amid the COVID-19 pandemic.
Despite his reservation, Lacson said Duque could still be charged administratively for command responsibility.
"Pwede siyang masaklaw ng administrative case kung may mapapatunayan na meron siyang negligence or in-abuse niya ang kanyang position. Pero sa criminal aspect kailangan ng direct evidence (He could be covered by administrative charges if it will be proven that he was negligent or he abused his position. But in the criminal aspect, there should be direct evidence of his participation)," he said in the interview with radio DZRH.
Lacson also noted that the recommendations also included an appeal to President Duterte "to appoint a new Secretary of the Department of Health who has a stronger will to fight corruption within his organization and the agencies under his/her watch."
Sotto, meanwhile, stood firm on his committee's recommendations against Duque and PhilHealth officials.
"I did my job. I have submitted our findings and the full committee report to the DOJ and Ombudsman. They will have their day in Court," Sotto said in a text message.
Following the report, Duque lamented his inclusion in the officials that the Committee of the Whole wants charged. He vowed to clear his name of the allegations.
The Senate will continue on Wednesday afternoon their discussion of the contents of the committee report before adoption.