FORMER Health Secretary Francisco Duque III has filed a motion to quash the P1.6 billion graft case filed against him by the Ombudsman, arguing that the charges are baseless.
The case stems from the transfer of P41 billion to the Department of Budget and Management’s Procurement Service (PS-DBM) in 2020 for the procurement of medical supplies during the pandemic. The Ombudsman alleges that Duque authorized the transfer despite the DOH’s capacity to handle procurement, resulting in an additional cost of P1.6 billion for the government.
However, Duque maintains that the transfer was legal, citing Executive Order 359 which authorizes the PS-DBM to charge a 4% service fee for procuring common-use supplies and equipment for government agencies, state-run corporations, and local government units.
“The 4% service fee is collected by PS-DBM to cover their personnel cost and other operating expenses. Any excess is reverted to the national government,” Duque stated. He added, “Therefore, the element of damage or injury to government, as alleged by the Ombudsman, is absent, thus the motion to quash.”
Duque’s motion to quash the charges was filed on [date]. The Sandiganbayan will now review the case and decide whether to dismiss the charges against the former health secretary.
