Ombudsman: No evidence of plunder vs. ex-PS-DBM, Pharmally execs

There is no evidence that government officials and Pharmally executives committed plunder in connection with the questioned P4-billion purchase of COVID-19 test kits during the pandemic, Ombudsman Samuel Martires said. 

Martires said that while the law sets P50 million as the threshold for committing plunder, the Supreme Court decision which junked in July 2016 the P365-million plunder case against former President Gloria Macapagal Arroyo stated that the main plunderer should be identified.

“You need to identify who is the public officer who amassed. In this case of Pharmally, who among the public officers amassed such? Two of those involved are high-ranking, (Christoper) Lao and (Warren) Liong. Did they amass it by themselves? Or was it in connivance with other people like their business associates from Pharmally,” Martires said.

“We cannot file plunder. There is no evidence na nag accumulate  si Lao o si Liong. So, sino sa kanila? Both of them? Or just one of them? It is hard to identify who are those who amassed the wealth. Wala namang nagsasabi sa records na nangumisyon ‘yong dalawa,” he added.

(We cannot file plunder. There is no evidence that Lao or Liong accumululated. So, who between them? Both of them? Or just one of them? It is hard to identify who are those who amassed the wealth. There's nothing in the records which showed the two got commissions.)

Martires, a former Supreme Court and Sandiganbayan justice, also cited the 2002 High Court’s decision on the Jinggoy Estrada v. Sandiganbayan case which stated that conspirators of  the crime of plunder individually must agree to participate, directly or indirectly, in the amassing of ill-gotten wealth.

“There should be an agreement, [pero] wala namang lumalabas sa record na may agreement between Pharmally and Lao or Liong to amass ill-gotten wealth. There’s nothing direct. What is clear on record is that some officials of PS-DBM favored Pharmally. Pinaboran nila ang Pharmally dahil binigyan nila ng kontrata for test kits,” Martires said.

(There is no record of agreement between Phamally and Lao or Liong to amass ill-gotten wealth. What is clear is Pharmally was favored since they got the contract for test kits.)

“Hindi talaga uubra ang plunder,” he added.

(A plunder case won’t stand in court.)

Martires, however, said an information for plunder could still be filed if one of the accused turns ito a state witness.

“If one of the accused turns state witness na siya at naibigay nila kay Lao or Liong or any DBM official, and it amounted to more than P50 million, then we might reconsider reconducting preliminary investigation and amending the information,” Martires said.

(If one of the accused turns state witness and says he or she gave Lao or Liong money or any DBM official and, and it amounted to more than P50 million, then we might reconsider reconducting preliminary investigation and amending the information.)

No direct evidence vs. Yang, Duterte

Martires also justified the non-inclusion of former President Rodrigo Duterte and former presidential adviser on economic affairs Michael Yang in the graft charges.

“If you noticed, the Senate investigation, puro testimonial. Parang nobody pointed directly to Michael Yang as having participated in the supply of test kits,"Martires said.

"Nag come up lang ang pangalan ni Michael Yang, but there is no evidence on record that involved Michael Yang. Tumitigil kay Lao at Liong. There is no direct evidence on record that the financier was Michael Yang,” he said.

(Michael Yang's name came up but there is no evidence on record that involved Michael Tang. It stopped with Lao and Liong. There is no direct evidence on record that the financier was Michael Yang.)

“Actually, may mga na-save kaming videos ng hearing sa Senate. Parang wala naman nabanggit ang mga witnesses na involved si President Duterte,” he added.

(Acually, we saved some videos of the Senate hearing. It appears that the witnesses didn't mention President Duterte was involved.)

During the Senate investigation on Pharmally, then Senate Blue Ribbon Committee chairperson Sen. Richard Gordon  played an RTVM footage showing Yang and Duterte having a meeting with Pharmally officials.

Duterte then defended Yang, saying, "Michael Yang has been in business for 20 years, he started in Davao."

The Ombudsman last week ordered the filing of three counts of graft against former Budget Undersecretary Lao, former DBM procurement director Liong, DBM procurement management officer Paul Jasper de Guzman, and Pharmally officials Twinkle Dargani, Linconn Ong, Justine Garado, and Huang Tzu Yen.

The same Ombudsman decision also ordered one count of graft filed against DBM Director Christine Suntay former DBM Procurement officer Webster Laureaña, DBM employees August Ylagan and Jasonmar Uayan and Pharmally employee Krizle Mago for their alleged role in the P4 -illion contract granted to Pharmally despite the firm’s paid up capital of only P625,000.

Senator Francis Escudero issued a separate statement asking why the Ombudsman did not recommend plunder charges against the involved individuals.

“The wheels of justice may be slow but continue to grind nevertheless. I have yet to see/read the resolution but I wonder why plunder charges were not recommended given the amount involved which clearly exceeds the threshold of ?50 [million] for plunder,” he said.  —NB, GMA Integrated News