The Department of Health in cooperation with the World Health Organization kicks off the series of immunization of 1 Million children against dengue virus. Jonathan Cellona, ABS-CBN News/File

MANILA — The Department of Justice (DOJ) has withdrawn 98 counts of reckless imprudence resulting in homicide charges against former Department of Health (DOH) Secretary Janette Garin in connection with the controversial Dengvaxia vaccine 

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In a resolution signed by DOJ Secretary Jesus Crispin Remulla dated January 10, 2025, the prosecutor general was ordered to withdraw the information before the Quezon City Regional Trial Court against Garin, as well as fellow respondents Dr. Gerardo Bayugo and Dr. Ma. Joyce Ducusin.

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“In the scheme of things that transpired involving Dengvaxia, we found that the step by step procedures undertaken by respondents-appellants, leading to the implementation of the program, do not exhibit inexcusable lack of precaution to hold them liable for reckless imprudence resulting to homicide,” Remulla said in the resolution.

Remulla stressed in the resolution that after a careful examination of the records, there was no prima facie case with reasonable certainty of conviction against the respondents. 

The DOJ added that the respondents cannot be held liable for conspiring and confederating with one another as there was no malicious intent on their part.

The department also noted that the proponents and officials had reasons to rely on the Certificate of Product Registration issued by the Food and Drug Administration (FDA) for Dengvaxia along with the clinical trials for the vaccine. 

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“Plus, before the Dengvaxia was purchased and distributed, a rigorous bidding process in accordance with existing laws for its procurement was undertaken by the concerned parties,” Remulla said. 

The DOJ further stated that it cannot be established that there was any causal link between Dengvaxia vaccination of schoolchildren with the deaths alleged in the complaint-affidavit of the victims.

“Rigorous scientific studies conducted by the World Health Organization and other respected experts clearly point to a contrary conclusion that there is causal link between them,” Remulla said. 

GARIN LAUDS DOJ

Garin lauded the Department of Justice “for giving justice that is long overdue for public health experts, scientists and the Filipinos who have actually served public health in their personal and in their professional capacity.”

“Nakakapanlumo mang sabihin, ‘yung nakaraang administrasyon… pinulitika ang kalusugan, ginamit ito para mawalan ng boses ang mga totoong eksperto, ginamit ito para pantakip sa real issues that were besetting our country,” Garin added.

“Ang naging epekto nito ay kaliwat kanang outbreaks, polio, andami pa… Even yung mga sakit na wala na ay bumalik,” she said.

The lawmaker expressed sympathy for the family of patients who allegedly died due to Dengvaxia and issued an appeal to the Public Attorney’s Office.

“My appeal to the Public Attorney’s Office, let us stop playing with the emotions of our parents, kasi sila ang nagiging kawawa. We empathize with them. Kailangan nilang maka-move on. Huwag natin paasahin sa wala,” Garin said.

“We empathize doon sa parents na akala nila ‘yun ang cause… Karamihan kasi sa mga pamilya, kinumbinsi lang ng Public Attorney’s Office. Naging ambulance chasing,” she said.

“Hindi ba dapat itong malaking perang ginagastos sa pag build up ng baseless cases against our doctors and scientists should rather be spent doon sa nakakulong nating kababayan na kailangan mabigyan ng tulong dahil hindi nila kayang mag-hire ng abogado?” she added.

PROTESTS

The relatives of the victims, along with officials of the Volunteers Against Crime and Corruption, however, trooped to the DOJ to appeal to Remulla to reverse his decision.

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Analyn Eboña and Teresa Sedilla, whose children Marc-Axl Eboña and Francis Ivan Sedilla died allegedly due to Dengavaxia, were among those who staged a rally in front of the DOJ.

“Gusto ko pong makamit ang hustisya, sana naman secretary maawa naman kayo sa amin, tulad ko po na walang consent, may mga magulang po iyang mga anak na pinatay ng gobyerno, gobyerno ang may kasalanan nito eh,” Eboña said. 

“Hinihiling ko po, secretary, batang Cavite itong aking anak... Maawa na po kayo,” Sedilla said.

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