MANILA, Philippines — The Sandiganbayan has acquitted former Food and Drug Administration chief Nela Charade Puno of graft, which stemmed from a raid and closure by the FDA of a pharmacy and wellness center in Tarlac.
In a 43-page decision promulgated on Nov. 7, the anti-graft court’s Third Division said the prosecution panel of the Office of the Ombudsman failed to show proof that Puno violated Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The law prohibits public officials from giving unwarranted benefit, advantage or preference to a private party or from causing any party, including the government, undue injury.
Filed by the ombudsman in 2022, the case stemmed from the closure of the Dr. Farrah Agustin-Bunch Natural Medical Center in Victoria, Tarlac in 2018.
The establishment was allegedly selling unregistered food supplements and claiming that these could treat cancer, arthritis and other diseases.
Agustin-Bunch earlier said the raid and closure of her establishment did not undergo due process.
The closure of the clinic was in compliance with a decision of the FDA over a complaint filed by the Philippine Medical Association (PMA) against Agustin-Bunch for supposedly administering non-FDA-approved drugs and medicine to her patients, and for supposedly operating a pharmacy without a valid permit.
The Sandiganbayan said records showed that before Puno issued the closure order, Agustin-Bunch was given adequate time to reply to the complaint of the PMA, but she failed to do so.
The anti-graft court said it was established during trial that before Puno issued the order, Agustin-Bunch was furnished copies of the adverse finding of the FDA’s regulatory enforcement unit about the wellness clinic, which the respondent did not contest.
The Sandiganbayan said Puno acted in good faith when she ordered the closure of Agusin-Bunch’s establishment.