Malcañang and the Department of Justice are united in their opinion that Pharmally executives may be criminally liable over their alleged tampering with expiry dates on face shields the government bought as part of measures to control the spread of COVID-19.
If proven that there was tampering, Presidential spokesman Harry Roque said Pharmally could face charges of estafa and falsification of public documents.
“Let us wait for the results of the investigation. But offhand, I’m thinking that if they signed a public document on the date of manufacture, it can be falsification, it can also be estafa,” he added.
Justice Secretary Menardo Guevarra said tampering with the expiry date of a product was a violation of Article 40(a) of the Consumer Act.
“A device (or a product) is deemed mislabeled if the labeling is false or misleading,” he said in a text message to reporters.
According to the Justice Secretary, if there is enough evidence, “the complainant may file directly with the prosecutor’s office, and if there is need for a case build-up, further investigation by the National Bureau of Investigation may be called for, and the NBI itself may eventually be the complainant.”
Pharmally executive Krizle Grace Mago earlier disclosed before the Senate blue ribbon committee that she has been ordered by the Pharmally corporate treasurer and secretary Mohit Dargani to tamper with the expiry dates of the face shields.
After her testimony, Sen. Richard Gordon, chairman of the Senate blue ribbon committee, said that Mago could no longer be contacted and had sought the help of the NBI to locate her.
“The NBI has directed its intelligence and regional service personnel to help in locating Krizle Mago of Pharmally,” Guevarra said.
Senator Francis Pangilinan said if it could be proven that the tampered medical-grade face shields delivered by Pharmally to the DOH, the firm could face charges for violation of the Anti-Graft Law.
“If in connivance with, and there is negligence on the part of the government, it’s also anti graft,” said Pangilinan.
In admitting the alteration, Mago said she was instructed to tell warehouse staff to change expiry dates on medical-grade face shields.
Health Secretary Francisco Duque III said there must be restitution for the tampered face shields.
Pharmally edged out other suppliers, including those with track record of dealing with the government, and bagged a total of P8.7 billion worth of contracts funded by Bayanihan 1 and 2 laws.
The deal with Pharmally was so far the biggest amount awarded for COVID-pandemic medical supplies.
In related developments, the House of Representatives will likely issue an arrest warrant against Mago if the subpoena does not work to compel her presence to testify in the congressional inquiry.
"The proper course of action, if the subpoena won't be received, is to issue a warrant of arrest," Rep. Johnny Pimentel, vice chair of the House Committee on Good Government and Public Accountability, said.
The House has issued a subpoena for Mago to compel her presence in the investigation being conducted by the House committee on good government and public accountability chaired by DIWA Rep. Michael Edgar Aglipay.
Meanwhile, the Senate hearing into the purchase of alleged overpriced medical supplies for the coronavirus response has failed to prove links between President Rodrigo Duterte and Pharmally, Senator Panfilo Lacson said.
"Being an investigator, we can always speculate based on pronouncement, based on circumstances, based on statements made…What we are talking about is the evidence at hand. And so far, there is no evidence to link the president to Pharmally or even to Michael Yang except the admission that they have been long-time friends even before, when he was a mayor, for 20 years," Lacson said, referring to Duterte's former economic adviser.
Lacson said this was "not enough" to implicate Duterte in the deals of Pharmally supplying the Department of Budget and Management-Procurement Service (PS-DBM) with medical supplies.