The Department of Justice has sustained its earlier resolution dismissing the libel charges filed by former Health Secretary Janette Garin against her successor, former Secretary Paulyn Ubial, and other former health officials over their public allegations on her involvement in the Dengvaxia vaccine controversy.
In a six-page resolution, the DOJ dismissed for lack of merit the motions for reconsideration filed by Garin and other DOH officials against Ubial, former DOH consultant Dr. Francisco Cruz, former DOH executive Dr. Teodoro Herbosa and health reform advocate Dr. Anthony Leachon.
The DOJ instead upheld its resolution in October last year that junked for lack of probable cause the separate libel complaints filed by Garin before the prosecutor’s offices in Iloilo, Quezon City and Manila.
“A perusal of the foregoing motions shows no new matter which was taken not taken into consideration in assessing/evaluating the complaints. Thus, there is no compelling reason to alter or modify our joint resolution,” read the ruling signed by Senior Assistant State Prosecutor Lilian Doris Alejo and approved by Prosecutor General Richard Anthony Fadullon.
The resolution affirmed its finding that the public accusations made by respondents against Garin did not have malice, a key element in the crime of libel.
“While there is no established link of the effect of the said drug [Dengvaxia] to the human body, it appears that there were already some protests/studies/comments from medical practitioners relative to the administration of this vaccine to the human body. Thus, there is this general outrage when many defenseless school children died,” the DOJ resolution said.
The DOJ explained that there was no malice in the statements of the respondents who were simply “vocal in their objections in the administration of Dengvaxia vaccine, and concerned about its effects in the human body, had acted out of the sense of justice.”
Garin filed the libel charges in Iloilo against Ubial who publicly alleged that corruption took place in the anti-dengue vaccination scheme under Garin’s watch during the previous administration.
Garin’s husband, Iloilo Rep. Oscar Garin Jr., also filed a libel complaint against Ubial for claiming that he pressured her to buy more Dengvaxia doses and that his wife blocked the confirmation of her appointment to President Rodrigo Duterte’s cabinet.
The other complainants, Dr. Julius Lecciones, Dr. Lyndon Lee Suy, Dr. Mario Villaverde, Maria Carolina Vidal-Taino and other DOH officials also filed separate libel complaints against Cruz in Manila and Quezon City over allegations that they were part of the DOH mafia.
However, the DOJ bought the defense of respondents that they only issued the statements “out of the sense of justice.”
Ubial, Cruz, Leachon and Herbosa said their statements were meant to “educate the public as the issues are clearly imbued with the highest public interest” because Dengvaxia was administered to children.
They also argued that statements made during the Senate hearing on Dengvaxia constitute “absolute privileged communication” and they are entitled to freedom of speech and expression.
Under the Revised Penal Code, defamatory statements are presumed malicious except in cases such as statements made during legislative proceedings, which are considered “absolute privileged communication.”
Garin and 36 other former and incumbent health officials, as well as executives of manufacturer Sanofi Pasteur Inc. and distributor Zuellig Pharma Corp, are facing charges of reckless imprudence resulting in homicide under the Revised Penal Code and violations of Anti-Torture Act and Consumer Act before the DOJ over deaths of schoolchildren inoculated with the controversial anti-dengue vaccine.
The DOJ has already concluded preliminary investigation on the first two batches of complaints involving 17 victims and has started hearing the thirds batch of complaints involving 13 victims.
