MANILA – The Department of Justice (DOJ) has ordered the withdrawal of cases against former Department of Health (DOH) secretary and now Iloilo 1st District Rep. Janette Garin and two others in connection with deaths allegedly caused by the Dengvaxia anti-dengue vaccine.
“In the scheme of things that transpired involving Dengvaxia, we found that the step-by-step procedures undertaken by the respondents do not exhibit inexcusable lack of precaution to hold them liable,” the DOJ said in a resolution signed by Secretary Jesus Crispin Remulla.
Because of this, DOJ Undersecretary Raul Vasquez said the case, which was filed by the Public Attorney’s Office (PAO), will be re-evaluated.
“The remedy (of the complainants) may not be (the filing of) criminal cases,” Vasquez told reporters in an interview Monday.
PAO has alleged that Dengvaxia is responsible for the deaths of a number of children who got inoculated by the vaccine, blaming the drug’s side effects.
According to Vasquez, the challenge for the lawyers now “is to craft a legal strategy” that would give assistance to the families of those who perished.
“There could be claims of civil damages kung kanino man (against whoever),” he said, stressing that he does not want to speculate.
Vasquez pointed out that Remulla’s decision to withdraw 98 counts of reckless imprudence resulting in homicide against Garin and the others was prompted by a lack of a reasonable certainty of conviction in the cases.
He explained that, for one, the complainants’ theory of a conspiracy which suggests deliberate intent to cause harm by the accused and the charge of negligence seem to be conflicting and inconsistent.
Aside from Garin, also cleared by the DOJ resolution were former DOH undersecretary Gerado Bayugo and former DOH assistant secretary Ma. Joyce Ducusin.
PAO has filed a motion for reconsideration. (PNA)