The Sandiganbayan has permitted the Ombudsman to withdraw graft cases worth P4 billion against Pharmally Pharmaceutical Corp. officers related to pandemic procurement irregularities. This move allows for reassessment and reinvestigation of the allegations. The decision underscores the Ombudsman's authority to review prior rulings.
In Manila, the anti-graft court Sandiganbayan issued an eight-page resolution on November 7, approving the withdrawal of cases filed against officers of Pharmally Pharmaceutical Corp. These cases involved the allegedly anomalous procurement of COVID-19 supplies during the pandemic, totaling P4 billion.
The resolution affirmed the Ombudsman's authority to pull back filed informations for further review. 'Settled is the rule that a sitting Ombudsman has the power to revoke or alter the rulings of a predecessor within the bounds of law,' the court stated. It added, 'The Ombudsman is not precluded from ordering another review of a complaint, for he or she may revoke, repeal, or abrogate the acts or previous rulings of a predecessor in office.'
Ombudsman Jesus Crispin Remulla initiated the withdrawal upon taking office to reassess and reinvestigate the charges. The court noted that while the Ombudsman's probable cause determination typically shifts to the judiciary after filing, this instance warranted exception for a thorough examination. 'Besides, the Ombudsman did not move for the withdrawal of the Informations based on insufficiency of evidence or due to lack of probable cause, but to reassess, review and reinvestigate the cases to ensure that only well-founded charges proceed to trial,' the resolution explained.
'Hence, this Court sees no inconsistency in its previous finding of probable cause for the purpose of issuing the warrants of arrest and in allowing the withdrawal of the Informations,' it continued.
The cases originated from the Duterte administration's procurement of over P8 billion in medical supplies via the Department of Budget and Management's Procurement Service through Pharmally, a firm with just P625,000 in paid-up capital.