THE Office of the Ombudsman has dismissed administrative charges against former Health Secretary Francisco Duque III, citing his separation from government service as the basis for the decision. The charges were related to alleged irregularities in the transfer of P41.46 billion from the Department of Health (DOH) to the Department of Budget and Management’s procurement service (PS-DBM) during the COVID-19 pandemic.
In a 10-page order signed on September 30 and released on October 13, Ombudsman Samuel Martires cleared Duque of grave misconduct and gross neglect of duty. The Ombudsman cited a 2011 Supreme Court case that stated a public official who has severed ties with the civil service “may no longer be subject of an administrative complaint.”
The Ombudsman acknowledged that the irregular fund transfers occurred during Duque’s tenure as DOH Secretary but ultimately ruled that he was “no longer the proper subject of an administrative complaint” due to his separation from service on June 30, 2022. The administrative case against Duque was filed on August 15, 2023, after his departure from the DOH.
While the administrative charges have been dismissed, the Ombudsman’s investigation into the alleged irregularities in the fund transfer continues. In May, the Ombudsman found Duque and former PS-DBM Undersecretary Lloyd Christopher Lao administratively liable for grave misconduct and conduct prejudicial to the best interest of the service.
The Ombudsman also recommended the dismissal of both individuals from service, forfeiture of their retirement benefits, and perpetual disqualification from reemployment in the government.
However, the Ombudsman formally filed graft charges against Duque and Lao before the Sandiganbayan on August 27. The Ombudsman alleges that the transfer slowed down the procurement process and that PS-DBM lacked the expertise to purchase the necessary COVID-19 supplies.
Duque has posted bail for the graft case and has questioned the Ombudsman’s decision to dismiss the administrative charges. The case remains under investigation by the Sandiganbayan.
