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Pharmally exec’s lawyer questions release of 'piecemeal' Senate panel report


The legal counsel of Pharmally director Linconn Ong on Wednesday questioned the initial findings of the Senate blue ribbon committee investigating the controversial government purchase of COVID-19 items at the onset of the pandemic.

Atty. Ferdinand Topacio held a virtual press conference a day after Senate blue ribbon committee chair Richard Gordon mentioned during a hearing on Tuesday the possible filing of criminal charges against Pharmally executives,  former presidential economic adviser Michael Yang, and other involved government officials.

Among the charges Gordon mentioned are fraud, perjury, false testimony, falsification of public documents under Article 171 of the Revised Penal Code, alleged violations of the Bayanihan to Heal As One Act and disobedience to summons. Gordon however said nothing is final yet as these were initial findings.

The Senate blue ribbon committee is looking into the Department of Budget and Management-Procurement Service's purchase of P8.6-billion worth of face masks, face shields, and PPEs from Pharmally Pharmaceutical Corporation. The company only had a P625,000 paid-up capital.

Topacio accused the senators of “milking” the investigation “out of every possible media mileage that they can get out of it.”

“There were several hearings and Chairman Gordon himself stated that they had everything that they needed to make a conclusion, they do not need Ms. Krizle Mago nor did they need Mr. Linconn Ong. So why did they not terminate the hearings at that time and why did they keep Mr. Ong in detention?” Topacio asked.

“Secondly, why are they releasing a piecemeal [report]? Is it because it is election season and they want to milk this affair out of every possible media mileage that they can get out of it?” he added.

Citing the 2018 Supreme Court ruling on the case of Balag vs. the Senate, Topacio argued that his client, Ong, should be released as there is already a report being approved by the Senate blue ribbon committee.

"The [ponente] of the court stated that once the Senate has submitted its report, and the same is approved, either it is approved or disapproved, then, any witness in the detention should be released. It did not distinguish from a partial report or a full report...But I believe on a point of law, dapat pakawalan na si (They should release) Mr. Ong,” he said.

“E inuutay-utay niya e. Ang tali-talino niya hindi siya makagawa ng report ngayon. Bakit magre-report siya tapos maghi-hearing pa? Bakit hindi mo tapusin lahat ng hearings, gumawa ka ng isang report? Ano tayo nasa elementary school?” he added.

(He is releasing it in portions. He is very smart but he can't make a full report. Why does he need to release a report while they are still conducting a hearing? Why don't you just end all the hearings and make one report? Are we in an elementary school?)

Topacio reiterated his accusations that the Senate panel is conducting the investigation “in aid of election” and it was done as a “demolition job for the current administration.”

“It is my belief that it is nothing but a kangaroo court, the BRC hearing and its initial reports, as I’ve said before… It is but a tale told by an idiot full of sound and theory signifying nothing,” he said.

'Prove before SC'

Responding to Topacio’s statements, Gordon said he must assert his arguments before the Supreme Court.

“Let him prove his case in the Supreme Court,” Gordon told GMA News Online in a Viber message.

Last October 7, Ong, through Topacio, asked the SC to order his release from Senate custody.

Last week, the SC asked the Senate to answer Ong’s petition.

So far, Topacio said he has not received any update on whether the Senate has already responded to the petition filed before the High Court.

Previously, senators have expressed confidence that the SC will uphold the chamber’s order to detain Pharmally Pharmaceutical Corporation’s Ong.

Ong has been under the custody of the Senate since September 21 after he was cited in contempt due to his "evasive responses" to the senators' questions regarding the alleged overpriced medical supplies purchased by the government from Pharmally at the onset of the COVID-19 pandemic last year. —KG, GMA News

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