Duque asks Sandiganbayan to junk graft case over DOH fund transfer

Former Health Secretary Francisco Duque III has asked the Sandiganbayan First Division to dismiss the graft case filed against him and former budget undersecretary Lloyd Christopher Lao.

The graft charges stem from the controversial transfer of P41.46 billion worth of Department of Health (DOH) funds to the Department of Budget and Management's Procurement Service (PS-DBM) in 2020 for COVID-19 supplies.

Duque's legal team argues that the transfer was permissible under Executive Order No. 359, which allows PS-DBM to charge a 4% service fee.

They contend that the alleged P1.6 billion damage to the government is absent because the service fee covers operational costs and any excess is reverted.

The Ombudsman, however, claims Duque's decision slowed procurement and that PS-DBM lacked the expertise to evaluate the needed items, which were also not considered 'Common Supplies and Equipment'.

Duque asserts that his actions were justified given the national public health emergency during the COVID-19 pandemic.