PAO seeks reversal of order to withdraw Dengvaxia cases

MANILA, Philippines — The Public Attorney’s Office (PAO) has asked the Department of Justice (DOJ) to reverse its decision to withdraw 98 Dengvaxia-related complaints of reckless imprudence resulting in homicide filed in court against former health secretary and incumbent Iloilo 1st District Rep. Janette Garin and two other former officials of the Department of Health (DOH).

The PAO has filed a motion for reconsideration seeking the reversal of Justice Secretary Jesus Crispin Remulla’s Jan. 10 resolution granting the petition for review of Garin, former DOH undersecretary Dr. Gerardo Bayugo and former assistant secretary Dr. Ma. Joyce Ducusin to dismiss the charges of multiple counts of reckless imprudence resulting in homicide on the deaths of 98 minors who got Dengvaxia vaccinations.

“The leaking blood and deaths of the multiple victims are crying and shouting for justice and due care,” the PAO said.

It added that the dismissal of the cases “patently ignored and disregarded the fact that the victims died simultaneously after vaccination, although living in different places, but all clearly manifested common patterns of clinical manifestations.”

The PAO said there is prima facie evidence with more than reasonable certainty of conviction of the respondents, contrary to Remulla’s ruling.

It added that the acts of Garin and Ducusin paved the way for the procurement of Dengvaxia, without which children would not be inoculated by the vaccine through the DOH’s anti-dengue mass vaccination program.

Bayugo supervised the anti-dengue mass vaccination program.

“With all due respect, complainants submit grave abuse of discretion in dismissing the charges against respondent Drs. Garin, Bayugo and Ducusin despite the multiple deaths and overwhelming evidence more than sufficient to ensure conviction,” the PAO said.

It noted that there was “undue haste” in the implementation of the dengue immunization program, which, it said, is a “criminal act of experimentation on the lives of the victims.”

It added that the respondents failed “to perform surveillance and monitoring of the innocent and unsuspecting vaccinees as mandated by the Food and Drug Administration and Sanofi Pasteur Inc.

The evidence on record also belies Remulla’s ruling that Dengvaxia was purchased and distributed after a rigorous bidding process in accordance with existing laws, according to the PAO.

In his Jan. 10 resolution, Remulla cited studies by the World Health Organization and other experts, which ruled that there is no causal link between Dengvaxia and the children’s deaths.

‘Victory for truth, justice, science’

Meanwhile, Garin expressed her gratitude to Remulla for his directive to prosecutors to withdraw the 98 death cases allegedly involving Dengvaxia vaccines.

“This decision is a victory for truth, justice and science. It affirms that public health decisions based on sound evidence and expert guidance cannot be tainted by baseless accusations. Justice has prevailed, and I welcome this ruling with gratitude and renewed commitment,” Garin stressed.

In the resolution, Remulla directed Prosecutor General Richard Anthony Fadullon to withdraw the case for reckless imprudence resulting in homicide against Garin and her two co-respondents, citing insufficient evidence and the lack of a prima facie case.

“It’s only in the Philippines that Dengvaxia has been ridiculously accused of ‘causing death.’ Globally, it has been recognized as a safe and effective vaccine that prevents severe dengue and saves lives,” Garin, a doctor and ob-gyne by profession, remarked.

Bayugo and Ducusin, also thanked Remulla for his decision to withdraw the two-and-half year resolution that caused the filing of 98 criminal cases against them.

“The DOJ decision has stopped an unfair legal process and ensure the proper application of the law, and it came at a time when justice was at risk of being denied to us,” the physicians said.

For the trio, the DOJ has “finally taken action to prevent a serious legal error or potential wrongful conviction,” as they commended Remulla – Garin’s former colleague at the House of Representatives – saying that the decision “reaffirms truth and justice in public health.”

“The DOJ saved us from miscarriage of justice,” they said in a joint statement.

Garin, a House deputy majority leader, also expressed concern over the PAO’s ongoing delays in case resolution, using taxpayers’ money without accountability.

“The case build-up should have been completed long ago, but instead, it is still being prolonged unnecessarily. The PAO continues to delay case resolution, consuming taxpayer money with no accountability,” she said.

The senior administration legislator also called for transparency regarding the funds spent on Dengvaxia cases, adding that public health has been politicized. — Delon Porcalla