The Quezon City Regional Trial Court on Wednesday reset the pre-trial proceedings of the Dengvaxia civil cases to rule on a defense claim that the legal period had already expired.
Branch 226 Judge Manuel Sta. Cruz Jr. assured parties he would soon begin the pre-trial to address the affirmative defense raised by the accused, particularly vaccine distributor Zuellig Pharma.
Defense lawyers argued the charges had lapsed as the civil case for damages with reckless imprudence carries a four-year prescriptive period. They said the time limit had passed and the cases should be dismissed. An affirmative defense, if proven credible, can negate liability even if the acts occurred.
The Public Attorney’s Office, handling 163 civil cases filed by relatives of schoolchildren whose deaths were linked to the vaccine, countered that the cases had not prescribed. PAO said the period should be counted from the date of death or the forensic findings, not the date of inoculation.
Sta. Cruz assured the parties he would resolve the affirmative defenses so pre-trial proceedings can proceed without delay. The judge also ordered that all summons for the 163 cases be fully served before moving forward.
To avoid further delays, he directed that summons be sent directly to the counsels of the opposing parties. The Dengvaxia vaccine was blamed for several children’s deaths after immunization in 2016.
