DOJ wraps up Dengvaxia deaths probe, resolution set

The Department of Justice (DOJ) has concluded its preliminary investigation on the first batch of criminal complaints filed against former Health Secretary Janette Garin over the deaths of nine children who received shots of the Dengvaxia anti-dengue vaccine.

A DOJ panel of prosecutors chaired by Assistant State Prosecutor Maria Emilia Victorio wrapped up its preliminary investigation during the hearing last Tuesday.

During the hearing, both parties submitted their respective memorandum which listed the evidence they presented before the panel during the preliminary investighation.

“There being no other incidents, case is therefore submitted for resolution,” read the minutes of the hearing.

The panel conducted the preliminary investigation over the criminal complaints filed separately by the families of the nine children.

The nine children who perished are Aejay Bautista, Anjielica Pestillos, Lenard Baldonado, Zandro Colite, Abbie Hedia, Jansyn Art Bataa, Mark Axel Ebonia, Reijazztine Justin Alimagno and Alexander Jaime.

In the complaints, the families accused the respondents of reckless imprudence resulting to homicide under Article 365 of the Revised Penal Code (RPC); for torture resulting to the death of a person and the torture of a child under Republic Act 9745, also known as the Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment; obstruction of justice under Section 1(b) of Presidential Decree 1829; and violation of Section 3 of Republic Act 3019, the Anti-Graft and Corrupt Practices Act.

Garin has been named in all of the complaints, while, Health Secretary Francisco Duque III is respondent in two of the complaints.

Apart from them, those who have been charged in all or some of the complaints are Department of Health (DOH) officials Vicente Belizario Jr., Kenneth Hartigan-Go, Gerardo Bayugo, Lyndon Lee Suy, Irma Asuncion, Julius Lecciones, Joyce Ducusin, and Rosalind Vianzon; Maria Lourdes Santiago and Melody Zamudio of the Food and Drug Administration (FDA); and Socorro Lupisan and Maria Rosario Capending of the Research Institute for Tropical Medicine (RITM).

Executives of Dengavaxia manufacturer Sanofi Pasteur Inc. and distributor Zuellig Pharma Corporation were also included as respondents.

The corporate directors and officers of Sanofi named in the complaint are Carlito Realuyo, Sanislas Camart, Jean Louis Grunwald, Jean-Francois Vacherand, Conchita Santos, Jazel Anne Calvo, Pearl Grace Cabali, and Marie Esther De Antoni.