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Ombudsman has no evidence of plunder vs PS-DBM, Pharmally execs
By J.Lo
"There is no evidence that Lao or Liong accumulated ill-gotten wealth…. was it two of them or just one of them… hard to identify…there was also no record showing they received commissions…what was clear and on record is that PS-DBM or some officials of PS-DBM favored Pharmally in these contracts for test kits," Ombudsman Samuel Martires said in phone interview with reporters no evidence to prove plunder had been committed in anomalous awarding of P4.165-billion supply contracts for COVID-19 test kits to Pharmally Corp. Martires said defending his office's resolution to charge officials involved in deal only with bailable offense of graft.
Martires explained while amount involved exceeded P50-million threshold sum for plunder, evidence presented did not show who among officials named in the case had amassed ill-gotten wealth from contract.
He was referring to Procurement Service-Department of Budget and Management (PS-DBM) executive director Christopher Lloyd Lao, former PS-DBM procurement group director and current Overall Deputy Ombudsman (ODO) Warren Lex Liong and other officials recommended to be charged with graft.
Martires cited landmark ruling of Supreme Court dismissing plunder case against Pampanga congresswoman and former president Gloria Macapagal-Arroyo.
"In that ruling, Chief Justice Lucas Bersamin said Law on Plunder, Republic Act 7080 requires particular public officer must be identified as one who amassed, acquired or accumulated ill-gotten wealth... In this case of Pharmally, who among public officers amassed ill-gotten wealth…we cannot identify," ombudsman said.
He also cited SC decision on plunder case against former president Joseph Estrada, wherein high tribunal stated for crime of plunder to exist, it must be established each of respondents, by their individual acts, agreed to participate directly or indirectly in amassing, accumulation and acquisition of ill-gotten wealth.
"There is nothing on record showing t there was agreement between Pharmally and Lao or Liong to amass wealth for Lao or Liong…what on record is PS-DBM decided to procure test kits on Pharmally," Martires said.
In resolution released last week, Martires approved filing of cases of violation of Section 3 (e) of Republic Act 3019 or Anti-Graft and Corrupt Practices Act against Lao, Liong and five other former and incumbent officials of PS-DBM.
Also ordered charged with graft were executives of Pharmally namely, its president Twinkle Dargani, treasurer and secretary Mohit Dargani, directors Linconn Ong and Justine Garado and board member Huang Tzu Yen as well as employee Krizle Grace Magno.
Resolution was in connection with PS-DBM's awarding of three supply contracts with aggregate amount of P4.165 billion to Pharmally for procurement of reverse transcription-polymerase chain reaction (RT-PCR) test kits.
Ombudsman said its investigation revealed that Pharmally bagged contract despite its lack of track record and its measly paid-up capital of P625,000.
Ombudsman also noted Pharmally was established only in September 2019, merely seven months prior to awarding of contracts in April to June 2020.
Martires, however, said his office is open to upgrading the case to plunder, if new evidence or witnesses surface.
"If one of the accused would turn state witness and say that amount of P50 million or more was given to either Lao, Liong or any DBM official, then we might reconsider conducting another preliminary investigation and amending information," Martires said.
Besides, Martires said his office is still investigating other multibillion peso supply contracts awarded to Pharmally, particularly contracts for procurement of face masks and face shields, collectively referred to as personal protective equipment or PPE.
"Yes, there is still ongoing investigation on Pharmally…in fact, before this long weekend, I gathered from investigators they were already done looking into transfer of funds from Department of Health to PS-DBM," Martires pointed out.
Asked why former president Rodrigo Duterte and his former economic adviser Michael Yang not included in list of those being charged, Martires said there was likewise no evidence showing their involvement in Pharmally deals.
"There is no direct evidence on record also that financier of Pharmally was Michael Yang…this is allegation of Blue Ribbon committee but nobody really testified Michael Yang was financier, hard to prove to court, 'he said, she said.'..should be concrete evidence…our purpose is to harass individual we can do that, but if that would be role of ombudsman, perhaps I would rather resign," Martires said.
He said his office would likely proceed with filing of graft cases before Sandiganbayan, without awaiting motions for reconsideration of respondent PS-DBM and Pharmally officials, to avoid possible dismissal of cases by court due to inordinate delay.
Former senator Richard Gordon, who chaired Senate Blue Ribbon committee that conducted probe on Pharmally deal, said ombudsman can coordinate with Anti-Money Laundering Council to determine if PS-DBM officials benefited from anomalous deal.
Gordon also lamented exclusion of Duterte and Yang from indictments.
"Ombudsman didn't go far enough," Gordon told media.. he said Ong and Huang had admitted Yang had advanced money to Pharmally.
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