MANILA, Philippines — The Office of the Ombudsman has found sufficient ground to investigate a criminal and administrative complaint filed last year against Public Attorney’s Office chief Persida Acosta and PAO Forensic Laboratory chief Erwin Erfe on corruption allegations in connection with the controversial Dengvaxia vaccine.
In a press statement issued yesterday, the ombudsman confirmed that it has begun acting on the complaint filed by private lawyer Wilfredo Garrido Jr. against Acosta and Erfe in October 2018.
“The Office of the Ombudsman is conducting preliminary investigation and administrative adjudication against Chief Public Attorney Persida Rueda-Acosta and Dr. Erwin Erfe... on corruption allegations within the agency including the controversial Dengvaxia vaccine issue,” the ombudsman said.
Garrido had charged Acosta and Erfe with graft, falsification of public documents and malversation of public funds for supposedly “fanning the flames of public hysteria” by attributing at least 80 deaths to the dengue vaccine using questionable and inconclusive autopsy reports of the forensic laboratory.
Garrido said Acosta and Erfe must also be held liable for administrative offenses of grave misconduct, serious dishonesty, grave abuse of authority and conduct prejudicial to the best interest of public service.
President Duterte, meanwhile, has expressed his decision not to intervene in the investigation against Acosta and Erfe.
Presidential spokesman Salvador Panelo said Duterte, being a lawyer, respects the independence of the Office of the Ombudsman or any branch of the judiciary for that matter.
“We will let the law take its course. PRRD will not interfere with the work of the Ombudsman, as we have repeatedly stressed,” Panelo told The STAR, referring to the President through his initials.
Last April 30, Garrido also filed an urgent motion calling for Acosta and Erfe’s preventive suspension while the ombudsman is investigating his complaint.
In its statement, the ombudsman said Garrido’s complaint was evaluated and docketed last April 11, after which Acosta and Erfe were directed to file their respective counter-affidavits.
If a complaint at the Office of the Ombudsman has already reached preliminary investigation, it means that it has passed the fact-finding stage and there is sufficient evidence gathered by field investigators to warrant a formal investigation.
Under the ombudsman procedure, it is during the preliminary investigation when the respondent will be notified of a complaint against him or her and will be given a chance to file a counter-affidavit and present counter-evidence.
The ombudsman said Acosta and Erfe submitted their respective counter-affidavits on April 30. The two PAO officials also submitted their comment on Garrido’s motion for preventive suspension last May 2.
On Aug. 6, Garrido, Acosta and Erfe were directed to file their respective position papers detailing their allegations or claims as well as their supporting evidence or defenses.
The ombudsman said it will soon scrutinize the affidavits, counter-affividavits and other submitted documents of all parties.
“The corruption allegations against the high-ranking PAO officials will be judiciously scrutinized and the cases shall be resolved solely on the basis of the evidence presented by the parties,” Ombudsman Samuel Martires said.
Acosta: Strike down ‘manifestation’
Meanwhile, Acosta has asked the ombudsman in a motion she filed yesterday to strike down from its records the questionable complaint from anonymus “intervenors” who claimed to be PAO lawyers.
“It bears stressing that, the said anonymous manifestation has very strong charges against the herein respondent Chief Public Attorney and to the PAO as a whole without even being signed and having no proof at all to substantiate its allegations,” Acosta wrote.
She said the manifestation should be treated as mere scrap of paper that has no value “other than to be at the trash bin and deserves scant consideration.”
“Hence, must be stricken out of the records of this case,” she added.
The ombudsman has acknowledged receipt of the manifestation on Aug. 8.
Martires said investigators will also look into the allegations cited in the manifestation although the persons or entity behind it remain in question.
Based on the seven-page document, Acosta, in conspiracy with officials from PAO Finance, Budget and Supplies departments, diverted a portion of PAO’s fund for 2018 to finance her crusade against Dengvaxia.
The intervenors said the fund, intended for the purchase of office supplies, was instead used to “ambulance-chase” the families of suspected Dengvaxia victims to their homes and hospitals and proffer PAO’s legal services.
The intervenors said the PAO even financed the protest rallies of the families of suspected Dengvaxia victims, providing them with allowance as well as t-shirts, tarpaulins and other protest materials including fake coffins and picture frames containing photos of the deceased victims.
The intervenors said the PAO also held monthly seminars and workshops in extravagant hotels as Acosta allegedly received “commissions” for every seminar or event held there.
Acosta had already denied the allegations and branded the manifestation as a false document, noting that it does not bear any signatory.
She also maintained that all fund releases and purchases of her office have undergone proper procedures.
“Matagal nang ongoing preliminary investigation yan, 2018 pa ‘yang complaint ni Garrido. We are filing position paper on Tuesday, and then motion to submit the case for early resolution for being plain harassment and without factual and legal basis,” she said in another interview.
PAO lawyers deny hand
PAO lawyers came forward yesterday to deny their involvement with the manifestation.
In a four-page manifesto they signed, the lawyers said they condemn the “practice of desperate persons in employing deceit and dragging otherwise innocent persons in their devious plan to tarnish the reputation of the PAO by using falsified documents.”
The manifesto was signed by a total of 107 PAO lawyers from the central office in Quezon City – consisting of 11 executive support lawyers, 15 legal research service lawyers, 68 lawyers from the special and appealed cases service, 12 lawyers from the field operations and statistics office, and one from the administrative service.
“Obviously, the manifestation was fabricated by someone else; unscrupulous person/s who resort to shady schemes and strategies to advance their personal cause,” they added. – With Christina Mendez, Rhodina Villanueva