Court to proceed with Garin trial over Dengvaxia mess

MANILA, Philippines — The Quezon City regional trial court (RTC) has ruled to proceed with the trial of a damage suit against former health secretary and incumbent Iloilo Rep. Janette Garin in connection with the alleged anomalous mass vaccination program during the Aquino administration.

In a four-page resolution dated Jan. 31 but obtained by reporters only yesterday, Quezon City RTC Branch 230 presiding Judge Maria Gilda Loja-Pangilinan has denied Garin’s motion to dismiss the civil case against her filed by Ian Colite, father of 11-year-old Zandro Colite who died of multiple organ failure on Dec. 27, 2017 supposedly after receiving the anti-dengue vaccine Dengvaxia.

The court found no merit in Garin’s argument that the case must be dismissed for improper venue, as she and the other defendants in the suit are supposedly not residents of Quezon City.

Pangilinan, however, sided with the complainant’s argument that the prerogative to choose the venue of lodging a complaint lies with the complainant as expressly provided under Section 2, Rule 4 of the Rules of Court.

Besides, the court said, Colite was able to properly explain his chosen venue as one of the primary defendants in the suit, Ma. Visitacion Barreiro, assistant vice president of Zuellig Pharma Corp., is a resident of Tomas Morato St. in Quezon City. 

The court also gave no weight to Garin’s claim that the allegations in the complaint “lack sufficient basis for plaintiff’s claim for damages.”

“Upon perusal of the complaint, the court finds the allegations in the complaint sufficient to constitute a cause of action, and defendant’s averments as merely directed to the veracity and correctness of the allegations found therein,” the court said. 

“lf the allegations of the complaint are sufficient in form and substance but their veracity and correctness are assailed, it is incumbent upon the court to deny the motion to dismiss and require the defendant to answer and go to trial to prove his defense,” it added, quoting a previous Supreme Court ruling.

The suit stemmed from the allegedly anomalous implementation of the P3.5-billion dengue mass vaccination program.

The previous Aquino administration, during the term of Garin as health secretary, purchased dengue vaccines with brand name Dengvaxia from French pharmaceutical giant Sanofi Pasteur.

The vaccines were administered to about 800,000 public school students aged nine years old and above especially in the National Capital Region (NCR), Central Luzon and Calabarzon.

The Department of Health suspended the mass immunization program in December 2017, after Sanofi Pasteur disclosed that Dengvaxia poses threat of severe symptoms to those who had not been afflicted with dengue before.

Garin is also facing criminal charges of reckless imprudence resulting in homicide as well as violations of the Consumer Act and Anti-Torture Act before other lower courts, still in connection with the Dengvaxia controversy. The cases were filed by the Department of Justice.