Duque still faces graft raps before Sandiganbayan

MANILA, Philippines — The Office of the Ombudsman yesterday said the dismissal of administrative charges against former health secretary Francisco Duque III will not bear weight in his P41-billion criminal case for graft before the Sandiganbayan.

In a 10-page order, the ombudsman said it withdrew the charges of grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service against Duque, as he was no longer health secretary when the charges were filed earlier this year.

This was in connection with the alleged irregularities in the health department’s transfer of P41 billion of health funds to the Department of Budget and Management Procurement Service (PS-DBM).

Asked whether this would have any bearing in the graft case, Ombudsman Samuel Martires told reporters: “none.”

Duque’s appeal to overturn the ombudsman’s decision to pursue the administrative charges – whose maximum penalty involves dismissal from office – cited a 2011 Supreme Court (SC) ruling on a case with similar instances, which argues that the penalties can no longer be applied due to the end of their tenure from public office.

In approving Duque’s motion, the ombudsman took its cue from a 2021 SC decision where the court said its prosecutors committed grave abuse of discretion for pursuing charges against a retired Bangko Sentral ng Pilipinas employee.

“Taking cue from the (SC)’s pronouncement in Jamorabo, this Office found sufficient basis to docket administrative charges against Duque given that the irregular fund transfers to PS-DBM occurred during his tenure as DOH Secretary,” the ombudsman said, stressing that Duque did not leave his office in “bad faith” as it was the end of former president Rodrigo Duterte’s term, his appointer.

Last May 8, the ombudsman found probable cause for graft against Duque and former budget undersecretary Lloyd Christopher Lao, and were found guilty of the administrative offenses of grave misconduct and conduct prejudicial to the best interest of the service – a finding that is also related to the P41.46-billion fund transfer.

Duque and Lao were meted with the penalty of dismissal from service, but since they were no longer connected with the DOH and PS-DBM, respectively, the ombudsman said the dismissal is convertible to a fine equivalent to their salaries for one year.

The ombudsman’s investigation on Duque, Lao and other DOH officials stemmed from a 2020 Commission on Audit (COA) report, and the complaint filed by Sen. Risa Hontiveros and former senator Richard Gordon in 2022 following months of hearings by the Senate Blue Ribbon committee.