There is not any proof that authorities offficials and Pharmally executives dedicated plunder in reference to the questioned P4-billion buy of COVID-19 take a look at kits in the course of the pandemic, Ombudsman Samuel Martires mentioned.
Martires mentioned that whereas the plunder legislation penalizes the amassing of P50 million in ill-gotten wealth as threshold for committing plunder, the July 2016 Supreme Court resolution which junked the P365 million plunder case towards former President Gloria Arroyo involving the state-run charity company’s intelligence fund additionally acknowledged that the principle plunderer needs to be recognized.
“You need to identify who is the public officer who amassed [ill-gotten wealth]. In this case of Pharmally, who among the public officers amassed such? Two of those involved are high-ranking, Lao and Liong. Did they amass it by themselves? Or was it in connivance with other people like their business associates from Pharmally,” Martires mentioned.
“We cannot file plunder. There is no evidence na nag accumulate [ng ill-gotten wealth] si Lao o si Liong. So, sino sa kanila? Both of them? Or just one of them? It is hard to identify who are those who amassed the [ill-gotten] wealth. Wala namang nagsasabi sa records na nangumisyon ‘yong dalawa,” he added.
Martires, a former Supreme Court and Sandiganbayan justice, additionally cited the 2002 High Court’s resolution on the Jinggoy Estrada v. Sandiganbayan case which states that conspirators of the crime of plunder individually should conform to take part, instantly or not directly, within the amassing of ill-gotten wealth.
“There should be an agreement, [pero] wala namang lumalabas sa record na may agreement between Pharmally and Lao or Liong to amass ill-gotten wealth. There’s nothing direct. What is clear on record is that some officials of PS-DBM favored Pharmally. Pinaboran nila ang Pharmally dahil binigyan nila ng kontrata for test kits,” Martires mentioned.
(There is not any file of settlement between Phamally and Lao and/or Liong to amass ill-gotten wealth. What is obvious is Pharmally was favored since they acquired the contract for take a look at kits.)
“Hindi talaga uubra ang plunder,” he added.
(A plunder case gained’t stand in courtroom.)
Martires, nonetheless, mentioned an info for plunder may nonetheless be filed if one of many accused turns ito a state witness.
“If one of the accused turns state witness na siya [ang nagbigay ng pera] at naibigay nila kay Lao or Liong or any DBM official and it amounted to more than P50 million, then we might reconsider reconducting preliminary investigation and amending the information,” Martires mentioned.
The Ombudsman final week ordered the submitting of three counts of graft towards former Budget Undersecretary Christopher Lao, former DBM procurement director Warren Liong, DBM procurement administration officer Paul Jasper de Guzman, and Pharmally officers Twinkle Dargani, Linconn Ong, Justine Garado, and Huang Tzu Yen.
The similar Ombudsman resolution additionally ordered one depend of graft raps towards DBM Director Christine Suntay former DBM Procurement officer Webster Laureaña, DBM workers August Ylagan and Jasonmar Uayan and Pharmally worker Krizle Mago for his or her alleged function within the P4 -illion contract granted to Pharmally regardless of the agency’s paid up capital of solely P625,000.
Senator Francis Escudero issued a separate assertion asking why the Ombudsman didn’t suggest plunder expenses towards the concerned people.
“The wheels of justice may be slow but continues to grind nevertheless. I have yet to see/read the resolution but I wonder why plunder charges were not recommended given the amount involved which clearly exceeds the threshold of ?50 [million] for plunder,” he mentioned. —NB, GMA Integrated News
Source: www.gmanetwork.com
