Sandiganbayan denies Duque’s bid to block testimony of 2 witnesses

MANILA, Philippines — The Sandiganbayan First Division on Monday denied a motion filed by the camp of Francisco Duque III to disqualify two Department of Health (DOH) officials from testifying in his graft case.

Duque and former Department of Budget and Management (DBM) Undersecretary Christopher Lloyd Lao face charges over alleged anomalies in the transfer of COVID-19 funds worth more than P41 billion.

READ: Ombudsman: 13 respondents in Pharmally case ‘cannot be located’

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Special prosecutors said the DOH, as the procuring entity, had the authority to negotiate directly or purchase essential medical supplies, making it unnecessary to seek the services of the DBM’s Procurement Service (PS).

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Duque filed an urgent motion to disqualify DOH administrative officers Dawnavi Lae Lacsado and Abegail Conchada as witnesses, arguing that their testimonies would be similar to those of previous witnesses.

Jackson Domantay of the Office of the Special Prosecutor said they would present Lacsado and Conchada to establish that the DOH had the capacity to procure supplies.

“The court will allow the presentation of these two witnesses,” said Maria Theresa V. Mendoza-Arcega, chair of the First Division. 

Lacsado and Conchada told the court that their functions as DOH officers are “strictly administrative,” including compiling procurement-related documents.

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Both witnesses said they could no longer remember the specific information on the procurement of COVID-19 supplies, including the quantity and price.

Previously, special prosecutors already presented Jackie Lou Dimatulac, an administrative officer from the DOH.

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In a brief cross-examination, Dimatulac said it is not part of her duties to decide whether the DOH could procure on its own instead of tapping PS-DBM.

Special prosecutors said the procurement amount in this case is worth P41.46 billion. 

Of that amount, prosecutors said P11.5 billion was paid to Pharmally to supply face masks, face shields, test kits and other medical items during the pandemic, getting the biggest amount won by a single pandemic medical supplier, according to former Sen. Richard Gordon, who is set to testify in the trial.

READ: Sandigan begins graft trial of Duque, Lao over P41.46-B COVID funds

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Gordon said this developed despite Pharmally being only a months-old company at that time with a paid-up capital of only P625,000 when the COVID-19 pandemic broke out. /jpv