Probe on raps vs. Aquino et al over Dengvaxia mess set March 23

DENGVAXIA FIASCO. Former President Benigno Aquino III answers a question during a press conference for the investigation of election offense complaints linked to the dengue vaccine program held at the Commission on Elections (Comelec) in Intramuros, Manila City on Thursday (March 15, 2018). Also in the photo is former Health Secretary Janette Garin. (PNA photo by Joey Razon)

MANILA — The Department of Justice (DOJ) will start the preliminary investigation on the criminal complaint filed by Vanguard of the Philippines, Inc. (VCPI) and Volunteers Against Crime and Corruption (VACC) against former President Benigno Aquino III, two former Cabinet officials and several former and incumbent health officials in connection with controversial anti-dengue vaccine Dengvaxia on March 23.

Senior Assistant State Prosecutor Rossane Balauag was designated as head of the panel with Senior Assistant State Prosecutor Hazel Decena Valdez and Assistant State Prosecutors Consuelo Corazon Pazziuagan and Gino Paolo Santiago as panel members who will handle the preliminary probe of the case for a complaint of violation of Section 3(e) of Republic Act 3019 which prohibits a public officer from giving a private party unwarranted benefits in the discharge of his administrative or judicial functions; Section 65(3) of Republic Act 9184 or the Government Procurement Reform Act; and Article 220 (technical malversation) of the Revised Penal Code (RPC); and Article 365 (criminal negligence) of the RPC against Aquino.

Aside from Aquino, named as respondents were former Budget Secretary Florencio Abad, former Health Secretary Janette Garin and Undersecretaries Dr. Carol Tanio, Gerardo Bayugo, Lilibeth David and Mario Villaverde; Assistant Secretaries Lyndon Lee Suy and Nestor Santiago; DOH Financial Management Service director Laureano Cruz; DOH directors Dr. Joyce Ducusin, Dr. May Wynn Belo, Dr. Leonila Gorgolon, Dr. Rio Magpantay, Dr. Ariel Valencia and Dr. Julius Lecciones; retired DOH Undersecretaries Dr. Nemesio Gako, Dr. Vicente Belizario, Jr., Dr. Kenneth Hartigan-Go; and Dr. Yolanda Oliveros, who served as Garin’s head executive assistant.

Also named as respondents in the complaint were officials and employees of pharmaceutical company Zuellig, which supplied the controversial Dengvaxia vaccine, and Sanofi Pasteur, the manufacturer of the vaccine.

The summons were issued last March 1 but were received by parties only over the weekend.

VPCI and VACC claimed that procurement of the Dengvaxia was “irrefutably” fast tracked and may have transgressed pertinent provision of the government procurement law.

A total of 830,000 children and 30,000 more, including members of the Philippine National Police, received doses of the Dengvaxia vaccine.

“Since correlation between vaccine (Dengvaxia) and deaths had been established prima facie, respondents Aquino III, Abad, Garin and the other respondents (concerned DOH officials, past and present) should stand trial for criminal negligence under Article 365 of the RPC (Revised Penal Code).The respondents should be charged with multiple homicide and physical injuries through criminal negligence,” read the 17-page complaint.

Earlier, the VACC also filed a complaint for violation of election laws before the Commission on Elections against Aquino and the other former officials also in relation to the Dengvaxia controversy.

The VACC charged Aquino, Garin, and other health officials for violating election laws when they started implementing the controversial program on April 4, 2016, which is within the 45-day election ban on government projects for the May 2016 elections.

Under the Omnibus Election Code, it is prohibited to release, disburse, or spend public funds for any public official or employee, including barangay officials and those of government-owned or controlled corporations and their subsidiaries, 45 days before a regular election.

Justice Secretary Vitaliano Aguirre II earlier tapped the Public Attorney’s Office (PAO) to provide legal assistance to families of children who developed severe dengue that led to either death or serious illnesses after getting the vaccine.

Aguirre said a clinical pathologist was important to determine the cause of death in the autopsies being conducted by the PAO forensic team led by Dr. Erwin Erfe.

Aguirre, however, said the expert should come from abroad with an impressive qualification.

“It will not be a Filipino. It will come from abroad who can establish definitely the linkage between the Dengvaxia and the death or injuries suffered by the students,” he explained.

Apart from PAO, the DOJ also ordered the National Bureau of Investigation to probe the controversial PHP3.5-billion dengue vaccine project of the DOH that reportedly posed health risks to children already injected but without history of the disease.

The DOH earlier suspended the implementation of the controversial dengue vaccine project which reportedly poses health risks to children already injected but without history of the disease.