Noy questions NBI findings on Dengvaxia
Former president Benigno Aquino III yesterday questioned the findings of the National Bureau of Investigation (NBI) on his alleged criminal liability in the controversial P3.5-billion anti-dengue immunization program implemented by his administration.
Aquino assailed the NBI’s filing of a case against him for technical malversation under Article 220 of the Revised Penal Code before the Office of the Ombudsman last Monday.
The former president said his right to due process was violated, as the NBI did not get his side or answer during its fact-finding investigation in arriving at its finding.
“It’s not clear to me if the NBI followed the process to come up with their findings... We don’t know what evidence they have... Was there really an investigation conducted? Because there were no questions asked,” Aquino told reporters at the Department of Justice (DOJ).
Aquino filed his rejoinder in the charges of multiple homicide and physical injuries through negligence under the Revised
Penal Code, malversation of public funds, and violations of Republic Act 3019 (AntiGraft and Corrupt Practices Act) and RA 9184 (Government Procurement Reform Act) before the DOJ.
He was accused of involvement over the deaths of schoolchildren inoculated with the controversial Dengvaxia vaccine, which he has already previously denied.
Aquino revealed he was summoned by the NBI to appear last May 25. He sent his lawyers, but they were not even given specifics of any complaint.
“They didn’t give us copy of any complaint... We were just surprised by the reports of the filing of the case by the NBI. I really don’t understand this because the right of the accused to know the accusations and face the accusers is supposed to be fundamental,” he lamented.
Aquino was charged with technical malversation before the ombudsman office last Monday, along with other former officials including former health secretary Janette Garin and budget secretary Florencio Abad Jr.
The NBI sought the indictment of the three officials over the “use of savings from 2015 and use the same to augment a non-existent anti-dengue immunization program.”
Aquino said he would formally answer the charges before the ombudsman upon getting copy of the NBI complaint.
Aquino maintained there was nothing irregular or illegal in the funding used for the P3.5-billion project.
“The General Appropriations Act of 2015 allowed the use of savings to fill in the lack of funds for appropriated items,” he said.
Aquino claimed he did not commit technical malversation, which refers to use of funds appropriated to specific items but were used for another specified item.
The former president said he expects the Office of the Ombudsman, which will have a new head upon end of term of Conchita Carpio-Morales next week, to accord him due process.
Aquino also submitted his rejoinder to the DOJ and again denied the charges in the complaint filed by anti-corruption groups Volunteers Against Crime and Corruption (VACC) and Vanguard of the Philippine Constitution Inc. (VPCI) last February.
He again asked the DOJ panel to dismiss the charges for lack of merit.
Aquino insisted that he cannot be held liable for criminal negligence simply because there is no valid evidence to prove that the deaths were a direct result of the vaccine.
He also reiterated the procurement process was aboveboard and within the timelines prescribed by RA 9184.
Aquino submitted his rejoinder ahead of the scheduled hearing on Friday, July 20, when Garin and Abad are expected to submit their respective rejoinders.
The other respondents from the DOH – undersecretaries Carol Tanio, Gerardo Bayugo, Lilibeth David and Mario Villaverde; former retired undersecretaries Nemesio Gako, Vicente Belizario Jr. and Kenneth Hartigan-Go; assistant secretaries Lyndon Lee Suy and Nestor Santiago; former financial management service director Laureano Cruz; incumbent DOH directors Joyce Ducusin, May Wynn Belo, Leonila Gorgolon, Rio Magpantay, Ariel Valencia and Julius Lecciones; and Garin’s former executive assistant Yolanda Oliveros – also submitted their answers in the hearing yesterday.
The officers of Zuellig who were also present during the hearing submitted their counter-affidavits. They were Kasigod Jamias, Michael Becker, Ricardo Romulo, Imran Babar Chugtai, Raymund Azurin, Nilo Badiola, John Stokes Davison, Marc Franck, Ashley Gerard Antonio, Ana Liza Peralta, Rosa Maria Chua, Danilo Cahoy, Manuel Concio III, Roland Goco and Ma. Visitacion Barreiro.
Only executives of Sanofi listed in the charge sheet – Carlito Realuyo, Sanislas Camart, Jean Louis Grunwald, Jean Francois Vacherand, Conchita Santos, Jazel Anne Calvo, Pearl Grace Cabali and Marie Esther de Antoni – were not present because they were based abroad and not ready to submit their answers.
The DOJ panel chaired by Senior Assistant State Prosecutor Rossane Balauag is set to resolve the case after the submission of rejoinders.