Recto, ex-PhilHealth chief cleared of plunder, graft raps

MANILA, Philippines — The Office of the Ombudsman has junked the plunder, graft, and malversation complaints filed against Executive Secretary Ralph Recto and former chief executive officer of the Philippine Health Insurance Corp. (PhilHealth) Emmanuel Ledesma for lack of evidence.

In a consolidated resolution dated June 2 and furnished to the media only on Tuesday, the Ombudsman moved to dismiss the criminal complaints stemming from Recto’s order as Department of Finance secretary to divert P60 billion in unused PhilHealth funds back to the national treasury in line with a special provision in the 2024 General Appropriations Act.

“This Office resolves to dismiss the criminal and administrative complaints against respondents for lack of prima facie evidence with reasonable certainty of conviction and insufficiency of evidence, respectively,” it said.

Article continues after this advertisement

READ: SC justices: Recto has no criminal liability in PhilHealth fund transfer

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

The Ombudsman further said the complaint for violation of Republic Act No. 7080 or the Anti-Plunder Act was dismissed since the return of P60 billion to PhilHealth negates the core element of plunder, which “militates against the allegation that respondents took advantage of their positions for ‘personal enrichment.’”

It also noted that complainants failed to prove that Recto and Ledesma were liable under RA 3019 or the Anti-Graft and Corrupt Practices Act.

Unproven elements

Graft conviction have three elements: first, if the accused is a public official; second, if he acted with manifest partiality or evident bad faith and/or gross inexcusable negligence; and third, if their action caused undue injury to the government or unwarranted benefits to a private party.

The Ombudsman said that while the first element was undisputed, the second and third elements were not proven.

Article continues after this advertisement

“Complainants failed to prove the existence of a corrupt intent, dishonest design and unethical interest which goes to the very nature of the offense charged,” it added.

The complaints against Recto were filed separately by Save the Philippines Coalition and another unnamed coalition composed of doctors, health advocates, and lawyers led by lawyer Rodel Taton. /cb

Your subscription could not be saved. Please try again.

Your subscription has been successful.