DOH workers sue Herbosa, Escolango over alleged graft, grave misconduct

A group of concerned employees of the Department of Health (DOH) has filed graft, grave misconduct, and related complaints against Health Secretary Teodoro Herbosa and Undersecretary Randy Escolango before the Ombudsman's office over the alleged unlawful appointment of Escolango to multiple key posts.

The complainants alleged that Escolango’s concurrent designation as head of the Financial and Management Service and Supply Chain Management Service, while also serving as chairperson of the Central Office Bids and Awards Committee-A (COBAC-A), violates Republic Act No. 12009 and its Implementing Rules and Regulations (IRR).

They argued that the arrangement unlawfully “integrated the functions of fund authorization, bid adjudication, and post-award supply tracking into a single individual.”

GMA News Online has sought comment from Herbosa and will publish his side once it becomes available.

The complaint said the issue arose from two Department Personnel Orders (DPOs) issued by Herbosa.

“By virtue of these DPOs, Respondent Secretary Herbosa granted Respondent Undersecretary Escolango direct, overarching executive control over the Financial and Management Service and the Supply Chain Management Service," the complaint read.

"This dual configuration gives rise to an absolute, self-policing conflict of interest across the entire lifecycle of public funds,” it added.

The complainants further alleged that Herbosa and Escolango acted in bad faith by orchestrating “a two-step regulatory manipulation” to circumvent safeguards under Section 41.2.2 of the IRR of RA 12009.

While the law allows senior finance officers to sit on procurement boards to ensure competence, the complainants argued that it does not permit the consolidation of separate accountability mechanisms into one office.

“Constructing and operating a primary bidding committee under an institutional conflict of interest that explicitly violates Section 41.2.2 forms a patent, glaring, and inherent partiality," the complaint stated.

"It ensures that any evaluation, technical report, or award recommendation issued by COBAC-A is structured to favor internal executive preferences and specific private contractors without independent fiscal verification,” it added.

The complainants also alleged that the arrangement gave select private bidders “unwarranted benefit, advantage, and preference” while causing undue injury to the government and the public health sector, in alleged violation of Republic Act No. 3019. — MCG, GMA News