Former Food and Drug Administration (FDA) director-general Nela Charade Galang Puno has been acquitted of graft charge for reportedly not giving due process in shutting down a cancer treatment center.
In a 43-page decision promulgated last Nov. 7 and penned by Associate Justice Ronald N. Moreno, the anti-graft court found Puno “not guilty” of having violated Section 3(e) of Republic Act (RA) No. 3019, the Anti-Graft and Corrupt Practices Act, “for failure of the prosecution to prove her guilt beyond reasonable doubt.”
“There being no established fact upon which civil liability may arise, no such liability may be adjudged against her,” the court also ruled.
“Consequently, the bail bond secured for her provisional liberty is hereby ordered released, subject to the usual accounting and auditing procedures,” it said.
The charge against Puno arose from the complaint filed by Dr. Farrah A. Agustin-Bunch who accused the former of depriving the latter due process when the former FDA official issued a 2018 decision that resulted in the shutting down of the complainant’s cancer treatment center.
The Sandiganbayan noted that Puno was specifically accused of issuing the 2018 FDA decision failed to consider the answer filed by Bunch dated Aug. 6, 2018 in response to the former government official’s Summon with Preventive Measure Order (SPMO) issued to the doctor.
However, the court said “the prosecution’s theory that Dr. Bunch filed her Answer on Aug. 6, 2018, or before the expiration of the period to file such an answer, remains uncorroborated.”
“As it stands, what is apparent from the documents formally offered by the prosecution is that, on Aug. 6, 2018, the FDAC (Food and Drug Action Center) received a document from the REU (Regulatory and Enforcement Unit) and not from Dr. Bunch,” it pointed out.
Even without considering the answer of Bunch, the anti-graft court said “the findings made by accused Puno in her Decision dated Aug. 8, 2018, were based on prior verifications sufficiently conducted, and which have remained uncontroverted.”
“To the Court’s mind, the Decision promulgated by accused Puno complies with the cardinal principles of due process...," it also said.