A Deep Dive into Selfies, Sponsored Flights, and the Exact Moment “Stakeholder Engagement” Became a Four-Letter Word
By Louis ‘Barok‘ C. Biraogo — December 5, 2025
WELCOME back to the cave, mga ka-kweba. Pull up a monoblock chair, crack open a warm Red Horse, and let’s autopsy this Department of Health (DOH) scandal while the body is still twitching.
This isn’t just another administrative complaint. This is a full-blown political whodunit starring Secretary Teodoro Herbosa, Zuellig Pharma, sponsored trips, Facebook screenshots, and the timeless Filipino art of turning “stakeholder engagement” into a five-star getaway (Inquirer News, 4 Dec. 2025.).
Scene of the Crime: The Pot of Gold and the Smoking Selfie
On one side: Zuellig Pharma and its subsidiaries – perennial heavyweights in DOH’s billion-peso vaccine and drug procurement circus.
On the table: P674 million in polio vaccine, P122.9 million in Retuximab, P24.9 million rabies vaccine – all under protest, all flagged by Commission on Audit (COA) observation memos in 2025.
On the Secretary’s calendar:
- A consultative forum in Thailand (all expenses paid, of course)
- Multiple “courtesy calls” and social events
- A very convenient timeline where the hugs happen just as the protests land on his desk.
The complainants – the mysteriously named “Concerned DOH Employees” – dropped an 11-page bomb at the Office of the Ombudsman. Their thesis? Herbosa turned the DOH into his personal Tinder date with Zuellig while wearing the hat of Head of the Procuring Entity. Swipe right for conflict of interest.

The Prosecution’s Smoking Gun: Temporal Proximity on Steroids
Let’s put on the prosecutor’s robe for a minute.
Under Section 3(b) of Republic Act No. 3019, you don’t need a signed confession in blood. You don’t even need proof that Herbosa personally rigged the bid. All you need is:
- A public official
- Who received a gift or benefit (free plane ticket, hotel, gourmet Thai curry – counts)
- In connection with a contract or transaction he has to act upon.
That’s it. The Supreme Court has been crystal clear: the law is strict liability territory. The mere nexus – the “temporal proximity” – is enough to hang you. And here? The Thailand trip and the office selfies happened while Zuellig’s protests were literally sitting on Herbosa’s desk waiting for his “HOPE” intervention.
Add Republic Act No. 6713’s “appearance of impropriety” doctrine – the one that says public officials must avoid even the whiff of favoritism – and the no-contact rule in Republic Act No. 9184’s Implementing Rules and Regulations (IRR), and suddenly those sponsored dinners stop looking like diplomacy and start looking like foreplay.
The legal noose tightens.
The Defense Table: Herbosa’s Best Arguments (If He’s Smart)
Now let’s switch sides. If I were Herbosa’s lawyer (Lord forgive me), here’s the playbook:
- “It wasn’t a gift, it was stakeholder engagement.” Industry forums are routine. Public health needs private sector input. The Thailand event was open, policy-focused, and documented.
- “No quid pro quo, no crime.” Section 3(b) still needs a connection. Prove the plane ticket bought a favorable decision. Good luck – the protests are still unresolved.
- “The no-contact rule is for BAC peons, not the Secretary.” The IRR’s prohibition applies mainly to bid evaluation stages and Bids and Awards Committee (BAC) members. Discussing “broad policy” or hearing protests as HOPE? That’s arguably exempt.
- Supreme Court precedent: “Not every irregularity is graft.” Mere ethical clumsiness ≠ criminal liability. Bad optics? Yes. Prison time? Show me the corrupt intent.
It’s a defensible position. Thin, precarious, and dripping with arrogance… but defensible.
The Motive Room: Who Gains?
- The whistleblowers: Pure-hearted defenders of public trust? Or sidelined DOH factions settling scores after Herbosa’s reform axe fell on their pet projects? Maybe both. Anonymous complaints are the perfect weapon – zero fingerprints, maximum damage.
- Herbosa: Is this arrogant blindness (“I’m too big to recuse”)? Or pragmatic corner-cutting because the procurement system is so byzantine that the only way to get vaccines into kids’ arms is to fly to Bangkok and shake the right hands? Again – maybe both.
In this country, the truth usually dies of complications.
The Chessboard: Next Moves
Herbosa’s options:
- Defiant presscon + document dump (risky – looks guilty)
- Voluntary leave to “focus on defense” (smart – bleeds less)
- Counter-leak the complainants’ own dirt (dirty but effective Pinoy politics)
Ombudsman’s dilemma:
- Fast-track preventive suspension and look like a hero? Or drag it out and get accused of whitewash because Herbosa is Malacañang-appointed?
Possible endings:
- Quiet dismissal – complaint dies in preliminary investigation
- Six-month preventive suspension – vaccines freeze, public screams
- Full Sandiganbayan circus – five years of headlines, zero conviction (classic)
- Presidential “loss of confidence” removal – fastest way to bury the body
The Fallout: Who Bleeds?
Immediate: Vaccine rollout delays. Because nothing says “public health emergency” like freezing P674 million worth of polio shots over Facebook photos.
Systemic: Every future contractor will now demand a Thailand invitation just to be heard. Congratulations, we just institutionalized the payoff.
Cultural: Whistleblowers either get medals or get transferred to Basilan. Place your bets.
Barok’s Verdict
Let’s not kid ourselves: in this country, “personal hospitality” too often becomes a polite euphemism for influence peddling with a side of frequent-flyer miles.
Secretary Herbosa may be completely innocent of criminal graft – and many cabinet secretaries before him have attended similar industry events without ending up in the Ombudsman’s crosshairs. But optics matter, and when a company with P674 million in contested contracts is picking up your airfare and hotel tab, the room for misunderstanding is bigger than the Bangkok skyline.
Public office demands a higher allergy to even the appearance of compromise. Whether Herbosa crossed the legal line or simply misread the ethical weather, the damage is done: vaccine programs are now hostage to headlines, and every future DOH invitation from the private sector will come with a side of suspicion.
To the Office of the Ombudsman:
Investigate swiftly, transparently, and let the evidence – not the noise – decide.
To Secretary Herbosa:
Clear the air. Publish the invitations, the itineraries, the funding sources, and recuse yourself from every Zuellig-related decision until the cloud lifts. A single act of radical transparency can still save both your reputation and the public’s trust.
To the “Concerned Employees”:
If the evidence is iron-clad, step into the light and own it. If it’s office politics dressed up as patriotism, history will not be kind.
Because in the end, the law may forgive honest clumsiness – but the public rarely does.
Kita kits sa susunod na kwebanata.
– Barok
Key Citations
- “Concerned DOH Employees Ask Ombudsman to Probe Herbosa over ‘Close Ties’ with Drug Firm.” Inquirer News, 4 Dec. 2025.
- Philippines. Republic Act No. 3019: Anti-Graft and Corrupt Practices Act. Official Gazette, 17 Aug. 1960.
- Republic of the Philippines. Code of Conduct and Ethical Standards for Public Officials and Employees. Republic Act No. 6713. 20 Feb. 1989. LawPhil.
- Philippines. Ombudsman Act of 1989. Republic Act No. 6770. 17 Nov. 1989. Official Gazette.
- Philippines. Government Procurement Reform Act. Republic Act No. 9184. 10 Jan. 2003. Official Gazette.

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