The Office of the Ombudsman cleared former Department of Health (DOH) Secretary Francisco Duque III of administrative charges of grave misconduct and gross neglect of duty in connection with the alleged illegal transfer of funds for procuring COVID-19 supplies and equipment.
In a 10-page order dated September 10 order but released on Sunday, Ombudsman Samuel Martires granted Duque’s motions for reconsideration.
Martires cited a 2011 Supreme Court case to back his argument that a public official who has severed their ties with civil service “may no longer be subject of an administrative complaint.”
“Following the Supreme Court’s pronouncements in Andutan, as further clarified in Jamorabo, this Office is constrained to hold that Duque is ‘no longer the proper subject of an administrative complaint’ in connection with the irregular fund transfers to PS-DBM during his stint as DOH Secretary,” the decision read.
Duque was sued on Aug. 15, 2023. He earlier left public service on June 30, 2022.
“There is no denying that Duque’s separation from service coincided with the end of President Rodrigo Duterte’s term of office on June 30, 2022. Such separation was a necessary consequence of the coterminous nature of this appointment as DOH Secretary,” the Ombudsman maintained.
“Considering that the issues on the administrative charges have been rendered moot, this Office sees no point in belaboring the other arguments relating thereto,” it added.
