QC court junks Garin plea to dismiss damage raps over Dengvaxia

The court said it “finds the allegations in the complaint (against Garin) sufficient to constitute a cause of action, and the defendant’s (Garin) averments as merely directed to the veracity and correctness of the allegations found therein”. (File Photo: Department of Health (Philippines)/Facebook)

MANILA – The Quezon City Regional Trial Court (RTC) has turned down former Health Secretary and now Iloilo 1st District Rep. Janette Garin’s plea seeking the dismissal of a damage suit arising from the Dengvaxia vaccine controversy.

In a four-page order dated January 31 and made public Wednesday, RTC Branch 230 Judge Maria Gilda T. Loja-Pangili denied the motion to dismiss filed by Garin in the civil suit filed by Ian L. Colite, the father of a school child who died in 2017 shortly after receiving two doses of the Dengvaxia vaccine.

The court said it “finds the allegations in the complaint (against Garin) sufficient to constitute a cause of action, and the defendant’s (Garin) averments as merely directed to the veracity and correctness of the allegations found therein”.

“(I)t is incumbent upon the Court to deny the instant motion to dismiss and proceed to trial to prove the defense of herein defendant, Thus, this Court should still proceed with the determination of the principal action so that an adjudication of the rights of the parties can be had,” the court said.

Garin’s lawyers had argued that the court has no jurisdiction given that none of the parties reside in the city.

Ruling otherwise, the court said it was the prerogative of the plaintiff to choose the venue of the suit and cited that at least one of the other defendants has residence within the jurisdiction of the court.

The court gave Garin 15 days to comment on the civil suit.