BY GERARD NAVAL and RAYMOND AFRICA
HEALTH Secretary Francisco Duque III yesterday said his department was never involved in the grant of contracts for the supply of pandemic items, which is being investigated by the Senate Blue Ribbon committee.
The Blue Ribbon, in a partial report released late Tuesday, recommended charges against Duque, President Duterte, and several other public officials, and executives of Pharmally Pharmaceutical Corp. which was given by the government supply contracts worth billions despite a paid-up capital of only P625,000.
The deals with Pharmally used funds of the Department of Health that were transferred to the Procurement Service of the Department of Budget and Management (PS-DBM).
“We, at the DOH, were not part of the activity as we were focused on the medical side of the pandemic response,” Duque said in a statement.
“It is unfortunate that the panel turned a blind eye to the truth that was revealed during the Senate Blue Ribbon hearings, that all procurements for the country’s COVID-19 response were made through the PS-DBM, the agency purposely tasked to undertake such activities,” Duque also said adding he would continue to cooperate with investigations and other proceedings.
Cabinet Secretary Karlo Nograles said declined comment as he said the committee report is just partial and “not yet official.”
The Senate panel said Duterte committed betrayal of public trust on several counts by appointing a foreigner as economic adviser, among others.
Committee chair Sen. Richard Gordon, in a press conference yesterday, said President Duterte can be held liable for a string of criminal offenses in connection with the Pharmally deal, aside from betrayal of pubic trust.
He said Duterte can be charged with “inciting to sedition” for preventing members of his Cabinet to attend the panel’s hearings; inexcusable negligence of duty for appointing Michael Yang, a foreigner, as economic adviser; cronyism, for allowing former PS-DBM chief Lloyd Christopher Lao and former PS-DBM director Warren Liong to award huge supplies contract only to Pharmally; and conspiracy for letting Lao and Liong leave the PS-DBM after the Pharmally contracts worth at least P10 billion were consummated.
He said the charges can be filed once Duterte steps down as President on June 30.
On inciting to sedition, Gordon said Duterte has been telling his Cabinet men not to attend the committee hearings, which he said is considered a criminal offense.
“That is called sedition because you are preventing a lawfully constituted government body from performing its lawful duty,” he said in mixed Filipino and English.
On “inexcusable negligence of duty,” he said it is common knowledge that Yang is a Chinese citizen.
Gordon said any ordinary citizen can file cases against the President and all those involved in the Pharmally deals before the Ombudsman.
He said he will not move to file the charges against Duterte, saying he has done his part in the investigation and will let other people do theirs.
He also said the partial report he released on Tuesday night needs the signature of other committee members before he can sponsor it on the plenary. If the committee members do not sign, he said, the Senate as a whole body can adopt the partial report.
He also said copies of the partial report to the Department of Justice and the Ombudsman so they can hopefully start with their motu proprio investigation.
He also said the partial report can be used as basis for the impeachment of Duterte, but believes it will not push through due to lack of time.
He said he just came out with a partial report since he intends to continue with the investigations until the last day of the 18th Congress on June 30.
Gordon said Linconn Ong, Pharmally director; and Mohit Dargani, Pharmally treasurer/secretary, will have to be detained until the last day of the 18th Congress if they still refuse to cooperate.
“If they testify, we will call them. We are still senators until June 30. If they testify, fine. If they don’t testify, they will be there (at the Pasay City Jail) until June 30 by course of law,” he said.
Gordon also said he will not start an argument with DIWA party list Rep. Michael Edgar Aglipay. “He has to do his homework. Mahirap imulat ang mata ng taong nagbubulagbulagan (It’s hard to open the eyes of one who is playing blind).”
Aglipay, chair of the House committee on good government, said the Senate panel has no evidence to support the charges its is are recommending.
Aglipay’s panel recently came out with a report clearing the administration of any wrongdoing in the Pharmally deals.
“Example is Michael Yang, he is not liable in this Pharmally case , he is just a financier and lending money is not a crime and another recommendation, President Duterte’s crime daw (they said) is appointing these officials in DBM and associating with Michael Yang,” Aglipay said.
Aglipay said the House committee on good government stands by its own findings “knowing that we have based our recommendation on testimonial and documentary evidences only.”
The Blue Ribbon’s partial report released last Tuesday said it was clear that those involved in the mess “violated the law in illegally favoring an underfunded and unqualified supplier.” — With Wendell Vigilia and Jocelyn Montemayor
