Relatives of children whose deaths were linked to the Dengvaxia vaccine on Friday appealed to the Quezon City Regional Trial Court to reverse its decision consolidating their 35 criminal complaints into one case.
Sumachen Dominguez, Samahan ng mga Magulang at Anak ay Biktima ng Dengvaxia (SMABD) president, said QCRTC Branch 229 Judge Maria Luisa Leslie Betic has partially granted the separate motions to quash the complaints against five of the accused in the cases, including ex-health secretary Janette Garin, now Iloilo representative.
“In view thereof, the Motion to Quash is partially granted. Criminal Cases nos. R-QZN-23-07131 to 54-CR and R-QZN-2307159 to 69-CR are hereby quashed, pursuant to the pronouncement in Ivler v. Modesto-San Pedro that there shall be no splitting of charges under Article 365 of the Revised Penal Code and that only one Information shall be filed regardless of the number or severity of the consequences of the imprudent or negligent act,” the decision read.
“The Prosecution is given 15 days from receipt hereof within which to file a single Information against all the accused for Reckless Imprudence resulting to Multiple Homicide and Serious Physical Injuries,” it added.
“To Judge Betic, please reverse your decision,” Dominguez said, adding the victims died on separate occasions and were vaccinated on different dates. She stressed a Supreme Court ruling that each Dengvaxia-related case must be tried separately since those cases are not based on the same facts involving different victims whose medical histories are distinct from that of the other victims.
“The lower court’s ruling goes against the High Court’s order to litigate Dengvaxia cases separately under one family court,” she said in a news conference.
The SC ruling led to the issuance of Circular 289-2023 from the Office of the Court Administrator, stating that all Dengvaxia-related cases should be tried before the family court.
“We will be filing a motion for reconsideration. May we humbly appeal to our President (Ferdinand Marcos Jr.) to help them,” Dominguez said.
Last Dec. 11, the Public Attorney’s Office received the Quezon City order that partially granted the separate motions to quash the complaints against Garin and four co-accused.
State prosecutors filed 35 separate cases of reckless imprudence resulting in homicide and reckless imprudence resulting in serious physical injuries against Garin and 17 other health officials.
In November 2017, Sanofi Pasteur Inc., the vaccine manufacturer, issued an official statement on its website, admitting that the vaccine could lead to adverse effects for individuals with no previous infection of dengue.
“Dengvaxia provides persistent protective benefits against dengue fever in those who had prior infection. For those not previously infected by dengue virus, however, more cases of severe disease could occur following vaccination upon a subsequent dengue infection,” the statement read.
Under the administration of Garin, the Department of Health procured P3.5 bllion worth of Dengvaxia vaccine for the mass vaccination of children in public schools.