The Senate Committee of the Whole’s report on the Philippine Health Insurance Corp. (PhilHealth) anomalies included a recommendation seeking to replace Health Secretary Francisco Duque III as Department of Health (DOH) chief.

Senate President Vicente Sotto III said the committee deemed it best to recommend to President Duterte to appoint a new DOH secretary who has a “stronger will” to fight corruption within the organization and the agencies that are under its jurisdiction.

This recommendation was not taken up during Sotto’s sponsorship speech on Tuesday evening. According to the Senate leader, this is to avoid any impression that the upper chamber is trying to dictate on the President’s prerogative to choose his Cabinet members.

But Sotto said the Senate panel is standing pat on its recommendation Duque should be replaced. He also said the Senate has already signed a resolution seeking Duque’s resignation and this is supported by 14 senators.

“I was being polite by not mentioning it (in my speech) but it is in the committee report,” Sotto said in a virtual interview.

Sotto also defended the decision of the panel to include Duque among the officials to be charged for malversation and graft since it was clear that he allowed the release of the controversial Interim Reimbursement Mechanism (IRM) funds even though it is illegal and the criteria for the application is still unclear.

Apart from Duque, the Senate panel also recommended the filing of malversation and graft charges against resigned PhilHealth president Ricardo Morales and other high-ranking executives of the agency.

While there is no direct evidence or signature that could point to Duque’s liability, Sotto said the Health secretary is still liable for possible negligence and abandonment.

“Chair ka ng board, ito ang ginawa ng board, in-allow ang executives ng Philhealth na gawin ito, at sila mismo di nila inaamin na illegal, di pa ba obvious yun (You sit as a chair of the board, and you allowed executives of PhilHealth to do this, and they too do not admit it is illegal, isn’t that obvious?” he pointed out.

“Alam mong may dini-distribute, imposibleng hindi mo alam (You know that funds are starting to be distributed, it’s impossible that you do not know),” Sotto stressed.

According to Sotto, Duque's negligence is covered under Article 217 of the Revised Penal Code.

“The chairman of the board leads the direction and agenda of the board. Hindi pwedeng sabihin na hindi mo alam. Kunwari, hindi mo talaga alam. (You can’t say you don’t know. If, for some reason, you really don’t know.) It’s not a good idea…he is practically guilty (of violating) Art. 217 pag sinabi niyang hindi niya alam (if he says he doesn’t really know),” Sotto explained.