The Office of the Ombudsman cleared former Department of Health (DOH) Secretary Francisco Duque III of administrative charges of grave misconduct and gross neglect of duty in connection with the alleged illegal transfer of P41.4 biilion in funds for procuring COVID-19 supplies and equipment.
In a 10-page order dated September 10 but released on Sunday, Ombudsman Samuel Martires granted Duque’s motions for reconsideration.
The Ombudsman earlier found Duque guilty of grave misconduct, conduct prejudicial to the best interest of the service, and gross neglect of duty.
He was ordered dismissed from the service with forfeiture of retirement benefits and perpetually disqualified from reemployment in the government.
In reversing its decision, Martires cited a 2011 Supreme Court case to back his argument that a public official who has severed their ties with civil service “may no longer be subject of an administrative complaint.”
“Following the Supreme Court’s pronouncements in Andutan, as further clarified in Jamorabo, this Office is constrained to hold that Duque is ‘no longer the proper subject of an administrative complaint’ in connection with the irregular fund transfers to PS-DBM during his stint as DOH Secretary,” the decision read.
Duque was sued on Aug. 15, 2023. He earlier left public service on June 30, 2022.
“There is no denying that Duque’s separation from service coincided with the end of President Rodrigo Duterte’s term of office on June 30, 2022. Such separation was a necessary consequence of the coterminous nature of this appointment as DOH Secretary,” the Ombudsman maintained.
“Considering that the issues on the administrative charges have been rendered moot, this Office sees no point in belaboring the other arguments relating thereto,” it added.
But Duque, along with former Budget Undersecretary Lloyd Christopher Lao, who then headed the Procurement Service of the Department of Budget and Management (PS-DBM), still faces related graft charges pending before the Sandiganbayan.
Editor’s Note: This is an updated article. Originally posted with the headline “Ombudsman dismisses admin charges vs. Duque over COVID-19 fund transfer.”
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