The relatives of eight children whose deaths were linked to the Dengvaxia vaccine on Sunday expressed disappointment over the dismissal of the criminal charges they filed against ex-Department of Health (DOH) Secretary Janette Garin, who is now an Iloilo representative.
“How this happened…,” Samahan ng mga Magulang at Anak ay Biktima ng Dengvaxia president Sumachen Dominguez said, adding “We still do not have a copy (of the decision).”
The Quezon City Regional Trial Court Branch 229 junked the reckless imprudence resulting in homicide filed against Garin and other physicians for lack of sufficient evidence against them.
“The prosecution evidence failed to establish a prima facie case against demurrant Janette L. Garin and demurrant Julius Lecciones. The evidence does not amount to proof beyond a reasonable doubt of any or all of the criminal charges against either or both of them,” Judge Cleto Villacorta III’s decision read.
“Expert witnesses have a special duty to the court to provide fair, objective, and non-partisan assistance. A proposed expert who is unwilling or unable to comply with this duty is not qualified to give expert opinion evidence,” the court said.
It cited an expert opinion, to be admissible as evidence, must come from a credible expert who has special knowledge, skill, or training; it must be derived using sound “scientific” principles and methodology; and must not be based on hearsay and in this case, there is no such evidence on record.
“[I]t appears though from the evidence that the children had other diseases, pre-existing or otherwise, that the death certificates and the pathologist were able to document,” the court ruled.
“Following the grant of the demurrer to evidence to Garin, et al., the prosecution filed a motion for reconsideration, however, on August 20, 2024, the Court denied the MR and ruled that the “orders granting their respective demurrers stand,” it further stated.
