Ombudsman eyes COA auditor as witness vs Duque, Lao

Ombudsman prosecutors have asked the Sandiganbayan to allow them to present a state auditor as a witness to testify on the delayed and non-delivery of COVID-19 procurement items in connection with the graft case filed against former Health Secretary Francisco Duque III and former Budget Undersecretary Lloyd Christopher Lao.

The graft case against Duque and Lao stemmed from the alleged unlawful transfer of P41 billion worth of Department of Health (DOH) funds to the Department of Budget and Management’s Procurement Service (PS-DBM), then headed by Lao, for the procurement of medical supplies during the pandemic.

These included detection kits, nucleic acid extraction machines, mechanical ventilators, personal protective equipment, surgical masks, cadaver bags, and various test kits.

The case alleges that Duque authorized the transfer of funds to the PS-DBM even though it would not hasten project implementation and despite the DOH’s capacity and proficiency to undertake the procurement.

“Our witness from COA will testify on that (delayed deliveries and non-deliveries of the COVID-19 purchases), Your Honor,” the prosecution panel told the court, referring to the Commission on Audit.

Duque’s defense team questioned whether testimony on delayed and non-delivered items was material to securing a conviction.

In response, government prosecutors said the matter is essential as it goes to a fundamental issue in the case.

The prosecution and defense later sparred over the relevance of the delivery issues, prompting Sandiganbayan First Division Chairperson Associate Justice Maria Theresa Mendoza-Arcega to intervene and direct both parties to submit their arguments in writing.

“You can put it in writing, and the defense can file their comment,” Arcega said.

The scheduled witness for the day, Assumption Ingrid Reyes of the Senate Legislative Records and Archives Service, was then called to the stand.

Reyes testified that her office has custody of the findings and transcripts of the Senate Blue Ribbon Committee’s 2021 to 2022 inquiry into the P41-billion fund transfer from the DOH to the PS-DBM.

However, she said she had no personal knowledge of the allegations raised by the Ombudsman against Duque.—MCG, GMA News