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THE OMBUDSMAN has cleared former Health Secretary Francisco T. Duque III of grave misconduct charges related to the illegal fund transfer of over P41 billion from the Health department to the Procurement Service of the Department of Budget and Management (PS-DBM) between March and December 2020 to purchase coronavirus disease 2019 (COVID-19) medical supplies and equipment.

Ombudsman Samuel R. Martires cleared the Duterte administration’s Department of Health (DoH) secretary of grave misconduct and gross neglect of duty as Mr. Duque had already severed ties with the government when former President Rodrigo R. Duterte left office on June 30, 2022.

“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,” it said in a 10-page order. It also said it found no evidence that Mr. Duque’s separation was attended by bad faith.

The Ombudsman earlier this year ruled Mr. Duque administratively liable for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service concerning the series of fund transfers by the DoH from March to December 2020 to PS-DBM totaling over P41.46 billion.

The funds were transferred to outsource DoH’s procurement of COVID-19 medical supplies and equipment to PS-DBM sans compliance with the requirements by law.

The Ombudsman earlier said the arrangement where PS-DBM was brought in as DoH’s procurement agent resulted in a more complicated process, inconsistent with the purpose of hastening project implementation. — Chloe Mari A. Hufana