THE National Bureau of Investigation (NBI) has asked Ombudsman Conchita Carpio-Morales to file technical malversation and graft-related charges against former president Benigno Aquino 3rd and 18 other government officials over the nationwide implementation of the P3.5 billion dengue immunization project that was later deemed unsafe.
Aside from Aquino, former health secretaries Janette Garin and Paulyn Ubial, former budget secretary Florencio
“Butch” Abad and 15 others were also included in the complaint that was filed on July 13 but released to reporters only on Monday.
The NBI said that Aquino approved the realignment and eventual release of P3.5 billion budget for Dengvaxia, the anti-dengue vaccine, on December 29, 2015 from the Miscellaneous and Personnel Benefits Fund based on Garin and Abad’s recommendations.
The NBI said that realigning the MPBF fund was illegal since the immunization project was not provided under the 2015 national budget and the vaccine procured even if its manufacturer, French firm Sanofi Pasteur, had not secured a certificate of product registration.
“There is technical malversation because government funds amounting to P3 billion intended for the 2015 Miscellaneous Personnel Benefit Fund (MPBF) of the Executive Department was utilized for the procurement of Dengvaxia under the Health department’s school-based immunization program. Although the source of fund was declared as savings by the Chief Executive, its intended purpose failed as there is no existing program, activity or project for dengue procurement and immunization,” the NBI said in its 55-page complaint.
Under the law, the crime of technical malversation is committed when a public officer applies public funds under his administration not for his or another’s personal use, but to a public use other than that for which the fund was appropriated by law or ordinance.
“MPBF may only be obligated and disbursed before the end of the validity of appropriations on December 31, 2015. Hence, its release in 2016 is unlawful,” the NBI said.
The NBI also accused Aquino, Garin and Abad of allegedly conspiring with government officials and Sanofi executives since the budget for Dengvaxia has been released before it was listed by the Food and Drug Administration.