The Office of the Ombudsman (OMB) has dismissed the administrative charges against former Department of Health (DOH) secretary Francisco T. Duque III over the alleged anomalous purchases of Covid-19 supplies worth P41.4 billion in 2020.
“The administrative charges for Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service and Gross Neglect of Duty docketed against respondent Francisco T. Duque III are hereby dismissed,” stated the OMB's 10-page order dated Aug. 5 but released recently.
The OMB granted Duque’s consolidated motion for reconsideration and its supplement which appealed the OMB’s May 6 decision that found him and his co-respondents in the administrative case guilty of grave misconduct, conduct prejudicial to the best interest of the service and gross neglect of duty.
The May 6 decision ordered Duque and his co-respondents dismissed from public service, have their retirement benefits forfeited, and perpetually disqualified from government employment.
The OMB noted that the case concerns “the series of fund transfers by the Department of Health (DOH) during the period of March to December 2020 to PS-DBM (Procurement Service-Department of Budget and Management) totaling P41,463,867,117.52.”
In its Aug. 5 order, the OMB agreed with Duque that he can no longer be the subject of an administrative complaint since his term of office ended along with the end of the term of former President Rodrigo Duterte on June 30, 2020.
Citing past Supreme Court (SC) rulings, the OMB ruled that “this Office is constrained to hold Duque ‘is no longer the proper subject of an administrative complaint’ in connection with the irregular fund transfers to PS-DBM during his stint as DOH Secretary.”
“Considering that the issues on the administrative charges have been rendered moot, this Office sees no point in belaboring the other arguments relating thereto,” it also said.
Despite the dismissal of the administrative case, the OMB has already filed graft charges before the Sandiganbayan against Duque and his-accused concerning the anomalous purchase of P41.463 billion of Covid-19 supplies.