The Public Attorney’s Office (PAO) has asked the Department of Justice (DOJ) to reconsider its resolution to withdraw the charges filed against former Health Secretary Janette Garin and others in connection with the Dengvaxia vaccine.
In a 68-page motion for reconsideration, PAO argued that there is prima facie evidence with reasonable certainty of conviction against Garin, Dr. Gerardo Bayugo, and Dr. Ma Joyce Ducusin.
“The deaths of 170 children and adults of the Dengvaxia vaccination speak for themselves. Respondents cannot evade the sword of justice and the rule of law, through the present resolution of the DOJ,” it said.
PAO said that the respondents’ gross negligence, absence of foresight, care and skill are “highly evident.”
“We humbly implore the Honorable Secretary of Justice to timely rectify the resolution subject of this motion for reconsideration in order to avoid further injustice and impunity of the guilty respondents,” it said.
‘Experimental vaccine’
In its resolution, the DOJ found that there’s no causal link between the vaccination and the deaths of the children of the complainants, citing scientific studies of the World Health Organization.
PAO, however, said that Dengvaxia was a “new and experimental” vaccine.
“The issue on expertise cannot absolve the criminal acts and negligence of all the Respondents on said new vaccine, in light of uncontroverted fatal adverse effects as found by the PAO Forensic Team.”
Aside from this, PAO also argued that the determination on the credibility of witnesses and their conflicting evidence falls under the jurisdiction of the trial judge.
“With all due respect, justice and due process had been unserved by said Resolution amounting to grave abuse of discretion, for depriving the victims… and their relatives/survivors of fair play and trial in court,” it said.
GMA News Online has asked Garin for comment but has yet to receive a response as of posting time.
Garin previously welcomed the decision to drop the charges against her, saying it is a “victory for truth, justice, and science.”
A new complaint has also been filed against Garin and others in relation to Dengvaxia.
—VAL, GMA Integrated News
