Sotto advises Duque: Get a good lawyer

MANILA, Philippines — Senate President Vicente Sotto III has advised Health Secretary Francisco Duque III to get a good lawyer and stop saying that he knew nothing about the mess in the Philippine Health Insurance Corp. (PhilHealth).

Sotto said Duque may have not signed any document in the alleged questionable dealings in PhilHealth, including the Interim Reimbursement Mechanism (IRM) and the P2.1- billion computerization program, but he was supposed to govern the state-run insurer.

“As a friend, I would advise him that he should not say that he doesn’t know and knew nothing about it because he is practically saying and admitting guilt to Revised Penal Code 217 on negligence,” Sotto told “The Chiefs” aired Wednesday over OneNews / TV 5.

“He does not sign, he does not vote but he governs the board. You cannot exclude him,” said Sotto who headed the Senate committee of the whole that investigated the questionable IRM and the overpriced IT program.

Under RPC 217, any public officer, by reason of the duties of his office, is accountable for public funds or property – appropriates the same or take or misappropriate or consent, through abandonment or negligence, permits any other person to take such public funds or property, wholly or partially – shall otherwise be guilty of the misappropriation or malversation of such funds or property.

Sen. Panfilo Lacson expressed belief that the investigation of the Senate committee on IT equipment and IRM and manipulation of financial statements in PhilHealth did not show that Duque was part of the alleged anomalies.

“What was taken up there (Senate investigation) was the overpricing of IT equipment, IRM and manipulation of the financial statement of PhilHealth and other miscellaneous issues. In IRM, he wasn’t really a part because that is implementation,” Lacson said.

Sotto, however, has a different take on the matter.

“If you say that you have nothing to do with the board resolutions or you did not sign, understandable that you did not sign because you are not supposed to vote. In the Universal Health Care Law, the chairman is not supposed to vote. That is one of the things that we have to remove by the way because there are 13 members and the chairman is the secretary of health,” he said.

“The chairman leads the agenda and direction of the board and then you will not vote. So for many months, releases of P14.8 billion and the chairman of the board is not aware? If you say that then you are practically admitting guilt to Article 217 of the Revised Penal Code because you are negligent and that falls under the category of malversation especially with that kind of amount,” Sotto said.

“Our findings prove that our recommendations are correct and even after a number of interpellations on Wednesday night, those who were tentative about the participation of Sec. Duque… I think their fears were allayed,” Sotto said.

Sotto said the recommendations of the committee of the whole are not confined to just eight officials but must include all officials and employees who connived and participated in the transactions.

“We are talking here of 632 transactions so if you were negligent… that is 632 counts of negligence,” Lacson noted.

Sotto clarified that he was reluctant for the Senate to push for an investigation during a pandemic, but not doing so could make the situation worse.

“It will be worse for the Filipino people. Other hospitals are waiting in line at PhilHealth for small amount of money while there were releases of P200 million, P138 million to small hospitals or clinics which are not even qualified to receive the reimbursement,” he noted.

Suspension appealed

Two PhilHealth officials have asked the Office of the Ombudsman to reconsider its six-month preventive suspension order against them, saying they were not afforded due process to defend themselves.

In a 22-page urgent motion filed on Sept. 2, PhilHealth senior vice president for management services Dennis Mas and National Capital Region (NCR) legal services head Lawrence Mijares, through their lawyer Dennis Manicad, said they were never informed nor furnished with the records of the complaint against them, preventing them to competently defend themselves.

Mas and Mijares said that up to now, they have yet to be furnished a copy of the complaint against them, from which the suspension order stemmed.

The two officials were among the 13 incumbent and former PhilHealth officials ordered by Ombudsman Samuel Martires to be preventively suspended for six months, without pay. – Romina Cabrera