November 18, 2025 | 8:18am
MANILA, Philippines — The Sandiganbayan has allowed the withdrawal of the P4 billion cases filed against officers of Pharmally Pharmaceutical Corp. over the allegedly anomalous procurement of COVID-19 supplies during the pandemic.
In an eight-page resolution dated November 7, the anti-graft court said it is within the Ombudsman’s authority to pull out filed information to revisit earlier findings.
“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 ruling read.
“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,” it added.
The cases were withdrawn by Ombudsman Jesus Crispin Remulla upon assuming office, for reassessment and reinvestigation.
Exception made. The court noted that while the Ombudsman normally has broad authority to determine probable cause, that authority shifts to the judiciary once a case is filed.
Still, the Sandiganbayan agreed to the withdrawal, emphasizing that it was not due to a lack of probable cause but to allow a more thorough review of the charges.
“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 court said.
“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 added.
The graft cases against Pharmally officials stemmed from the Duterte government’s purchase of more than P8 billion worth of medical supplies during the pandemic. The items were procured by the Department of Budget and Management’s Procurement Service through Pharmally, a company said to have had only P625,000 in paid-up capital.
