The Office of the Ombudsman has dismissed the administrative charges against former Health Secretary Francisco Duque III concerning the alleged illegal transfer of P41 billion from the Department of Health (DOH) to the Procurement Service of the Department of Budget and Management (PS-DBM) in 2020. The Ombudsman ruled that Duque could not be held liable for administrative charges because the maximum penalty—removal from public office—no longer applies to him, as he is no longer a government official.
In its ruling, the Ombudsman cited previous Supreme Court decisions that establish that former officials, such as Duque, cannot be the subject of administrative complaints after leaving office. “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 Ombudsman explained. Given that the matter has become moot, the Office did not address other arguments related to the charges.
As a result, the Ombudsman granted the Consolidated Motion for Reconsideration filed on May 14, 2024, dismissing the administrative charges for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service. However, Duque still faces graft charges related to the same budget transfer.
According to government prosecutors, the P41 billion transferred to PS-DBM in 2020 was intended for the procurement of essential medical supplies during the pandemic, such as personal protective equipment (PPE), ventilators, test kits, and surgical masks. The Ombudsman alleged that Duque approved the transfer even though it did not expedite the project’s implementation, and the DOH could manage the procurement. Furthermore, the transfer lacked a memorandum of agreement, and the necessary certifications of liquidation were not submitted.
Duque has firmly denied the graft charges, calling them baseless. He expressed confidence in proving his innocence in court. “It is unfair and the injustice hurts, but I have full trust and confidence that I will be able to prove my innocence before the Sandiganbayan,” Duque stated. He argued that the transfer of funds during the national public health emergency was lawful and necessary due to the scarcity of COVID-19 supplies at the time.