DOJ starts probe on Dengvaxia raps vs. Aquino et al Tuesday

FILE: Former President Benigno Aquino III, along with two former Cabinet officials and several former and incumbent Department of Health (DOH) officials are expected to appear on Tuesday before the Department of Justice (DOJ) for the preliminary investigation on the controversial anti-dengue vaccine Dengvaxia. (PNA photo by Joey Razon)

MANILA — Former President Benigno Aquino III, along with two former Cabinet officials and several former and incumbent Department of Health (DOH) officials are expected to appear on Tuesday before the Department of Justice (DOJ) for the preliminary investigation on the controversial anti-dengue vaccine Dengvaxia.

The DOJ panel, led by Senior Assistant State Prosecutor Rossane Balauag, has issued subpoenas against Aquino and 44 respondents for their attendance on May 15 for the preliminary investigation over the criminal complaint filed by newly-appointed Philippine Anti-Corruption Commission (PACC) Commissioner Greco Belgica and Volunteers Against Crime and Corruption (VACC) lawyer Manuelito Luna and Eligio Mallari of the Vanguard of the Philippine Constitution, Inc. (VPCI).

Other members of the prosecution panel are Senior Assistant State Prosecutor Hazel Decena Valdez, and Assistant State Prosecutors Consuelo Corazon Pazziuagan and Gino Paolo Santiago.

The VACC and VPCI filed the complaint against them for possible violation of Section 3 of Republic Act (RA) 3019 (Anti-Graft and Corrupt Practices Act); Section 65 of RA 9184 (Government Procurement, Reform Act); Article 220 (Technical Malversation) of the Revised Penal Code; Article 365 (Criminal Negligence) of the Revised Penal Code; and for other violations of the law.

During the clarificatory hearing last April 20, the complainants submitted voluminous documentary evidence they intend to use in the case, which include transcripts of the public hearing conducted by the Senate blue ribbon committee and Dengvaxia procurement/bidding documents.

Aside from Aquino, named as respondents were former Budget secretary Florencio Abad, former Health secretary Janette Garin; Undersecretaries Dr. Carol Tanio, Gerardo Bayugo, Lilibeth David and Mario Villaverde; and Assistant Secretaries Lyndon Lee Suy and Nestor Santiago.

Others respondents include the health department’s Financial Management Service director Laureano Cruz; directors Dr. Joyce Ducusin, Dr. May Wynn Belo, Dr. Leonila Gorgolon, Dr. Rio Magpantay, Dr. Ariel Valencia and Dr. Julius Lecciones; retired health 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 are officials and employees of the pharmaceutical company Zuellig, which supplied the controversial Dengvaxia vaccine, and Sanofi Pasteur, Dengvaxia manufacturer

In a separate criminal complaint, the DOJ panel headed by Senior Assistant State Prosecutor Emilia Victorio is also set to start another preliminary investigation on Tuesday on the criminal complaint filed by some parents assisted by PAO in connection with several teens who reportedly died after being vaccinated with Dengvaxia.

The parents of the victims, namely Almer Bautista, Ramil Pestillos, Elena Baldonando, Ian Colite, Liza Maquilan and Ariel Hedia assisted by PAO chief Persida Rueda-Acosta are set to appear before the DOJ, as they filed a case of reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code and violation of Republic Act No. 9745 (Anti-Torture Act) against Health Secretary Francisco Duque III and 36 others, including former Health chief Garin.

Duque, together with Dr. Maria Lourdes Santiago and Melody Zamudio as respondents is facing two criminal complaints. Duque is also charged with obstruction of justice in a previous complaint.

The complaint was filed by the parents of the 47 puported victims whose deaths were allegedly caused by the anti-dengue vaccine documented so far by PAO.

The PAO filed the charges after its forensic teams established that all victims died of organ failure that could be attributed to the vaccine.

Apart from Garin, DOH officials who have been named as respondents in the complaints include Vicente Belizario Jr., Kenneth Hartigan-Go, Gerardo Bayugo, Lyndon Lee Suy, Irma Asuncion, Julius Lecciones, Joyce Ducusin, Rosalind Vianzon, Maria Lourdes Santiago and Melody Zamudio of the Food and Drug Administration, and Socorro Lupisan and Maria Rosario Capeding of the Research Institute for Tropical Medicine.

Executives of Sanofi Pasteur Inc. and distributor Zuellig Pharma Corporation were also included as respondents.

The corporate directors and officers of Sanofi named in the complaint are Carlito Realuyo, Sanislas Camart, Jean Louis Grunwald, Jean-Francois Vacherand, Conchita Santos, Jazel Anne Calvo, Pearl Grace Cabali, and Marie Esther De Antoni.

While, those from Zuellig are Kasigod Jamias, Michael Becker, Ricardo Romulo, Imran Babar Chugtai, Raymund Azurin, Nilo Badiola, John Stokes Davison, Marc Franck, Ashley Gerard Antonio, Ana Liza Peralta, Rosa Maria Chua, Danilo Cahoy, Manuel Concio III, Roland Goco, and Ma. Visitacion Barreiro.

Last May 10, parents of Marc-Axl D. Eboña, Alexzander A. Jaime, Rei Jazztime D. Alimagno, assisted also by PAO filed a same complaint against Garin and 36 others.

The complaints filed by Eboña and Almagno families also accused the respondents of obstruction of justice under Presidential Decree 1829.

This is the ninth complaint filed against Garin and 36 others over the controversial anti-dengue vaccine.

The DOH suspended the vaccination program in December 2017 after Sanofi Pasteur said the vaccine poses risk to those with no prior dengue infection.