MANILA, Philippines – The Department of Justice (DOJ) has decided to withdraw 98 cases of reckless imprudence leading to homicide against former Health Secretary Janette Garin. This decision also includes cases against Dr. Gerardo Bayugo, a former health undersecretary, and Dr. Ma. Joyce Ducusin, a former Department of Health (DOH) officer in charge. This resolution came on January 10 as instructed by Justice Secretary Jesus Crispin Remulla.
The criminal information, which was initially filed in the Quezon City Regional Trial Court, focused on the controversial dengue vaccine, Dengvaxia. The DOJ’s decision came after an extensive review by the prosecution service, which concluded that the evidence did not support the allegations. The resolution stated that the cases relied heavily on accusations of reckless imprudence and conspiracy, which were challenging to substantiate legally. Reckless imprudence implies negligence without intent, while conspiracy demands proof of deliberate intent, a mismatch that complicated the case.
The Dengvaxia issue came to the forefront after several complaints arose from parents claiming that their children developed severe symptoms and, in some cases, died after receiving the vaccine. The vaccination program had reached over 700,000 children across the country. Complainants cited symptoms such as headaches, abdominal pain, fever, rashes, and behavioral changes following the vaccination. Forensic examinations revealed organ enlargement and extensive bleeding in some cases. Parents believed there was a causal link between Dengvaxia and these adverse health effects, insisting on justice for the deaths they attributed to the vaccine.
The DOJ, however, stated that there was no discernible malicious intent on the part of Garin and her co-respondents. The decision highlighted the absence of a causal link between the vaccine’s administration and subsequent fatalities. It noted that a significant time had elapsed between the inoculation and the dates of death, suggesting other potential causes could be responsible. The DOJ also asserted no substantial evidence linked the respondents’ actions to the children’s deaths.
In defending the government’s position, the DOJ pointed out that the Dengvaxia program was not implemented haphazardly. The program’s origins trace back to discussions occurring even before Garin’s tenure, during the period of previous Health Secretary Enrique Ona. The dengue vaccine was administered following approval from the Food and Drug Administration, and the program was rolled out in regions with high dengue incidence rates.
Despite these official decisions, the withdrawal of charges has been met with varying reactions. Groups representing the affected families expressed dissatisfaction and disappointment, calling for alternative legal remedies. The Public Attorney’s Office (PAO) played a significant role in highlighting these cases, even as the DOJ pressed forward with its decision to dismiss the charges.
Justice Secretary Remulla has clarified that the decision was made based on a lack of substantial evidence to hold the accused accountable for the alleged conspiracy and negligence. The DOJ’s resolution underscores the intricacy of balancing public health initiatives with accountability in cases where outcomes do not align with expectations.
