ANOTHER PLUNDER RAP

Noynoy slapped with 5th Dengvaxia-related complaint

Former President Benigno Aquino III has been charged with his second plunder complaint before the Office of the Ombudsman on Thursday in connection with the immunization program for the dengue vaccine Dengvaxia.

This is already the fifth Dengvaxia-related complaint slapped against the former chief executive.

Lawyer Ferdinand Topacio, who claimed to have filed in his personal capacity, and Citizens' Crime Watch head Diego Magpantay led the filing of the complaint at the Office of the Ombudsman against Aquino for the non-bailable offense.

Aquino was also charged for malversation of public funds and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

Other respondents named in the complaint were former Budget and Management secretary Florencio Abad, former Executive Secretary Paquito Ochoa, Philippine Children’s Medical Center director Dr. Julius Lecciones, former Department of Health chief Janette Garin, and 17 other former and current DOH officials.

According to the 49-page complaint, Aquino and his co-accused “haphazardly planned and procured [Dengvaxia] in gross violation of regulatory processes of the FDA [Food and Drug Administration], the FEC [Formulary Executive Council] and the government procurement laws” at the expense of the health of more than 830,000 Filipinos who were administered with the vaccine.

"The undue intervention of the highest officials in the negotiations, the timing of the program, the haste in the release of the budget, the enormity of the amount involved, the use of a fund intended for a different purpose, and the lack of concern to the Filipino people who obviously would-be-victims, as above-discussed, leave no room for any noble or righteous motive or intention on the part of the Respondents," the complaint read.

Topacio questioned the missing P500 million out of the P3.5 billion allotted for the immunization program. He and Magpantay attached an affidavit of former DOH consultant Dr. Francis Cruz on the issue.

He also mentioned the findings of the Commission on Audit which found that the PCMC, the procuring entity of Dengvaxia, held pre-procurement activities ahead of the effectivity of its memorandum of agreement with DOH.

"More than P500 million is still unaccounted for doon sa P3.5 billion. 'Pag tinahi-tahi ninyo, lalo na may lumabas na COA report na may amomalya rito, ay makikita natin baka hindi lang P50 million... much much more than that," Topacio told reporters.

The COA had rendered its audit on PCMC on the dengue vaccines as moot and academic following the suspension of the program. 

'Nothing irregular'

Sought for comment, Abad denied irregularities in the procurement of the vaccines.

"I am certain and confident that there was nothing irregular nor fraudulent in the procurement of the vaccines," he told GMA News Online via text message.

Abad said he has yet to see the complaint.

Aquino's spokesperson, lawyer Abigail Valte, said the fresh charges against the former chief executive is "more of a ploy (of the complainants) to get more government posts."

"Even the severely inebriated can see the pattern: anyone who files a complaint against the former president is magically given an appointment," Valte said in a text message.

She added Topacio and Magpantay "can be assured that the Former President is ready to respond to their unfounded complaints when required to do so."

3rd complaint

This is the third complaint against Aquino before the anti-graft body over the P3-billion mass vaccination project.

The first plunder complaint came from former Technical Education and Skills Development Authority chief Augusto Syjuco, while Gabriela Party-list filed graft charges against the former chief executive.

Aside from cases lodged before the Ombudsman, Aquino also faces separate charges at the Department of Justice and the Commission on Elections. — with Amita Legaspi/MDM/KBK/KG, GMA News