THE National Bureau of Investigation (NBI) has asked the Office of the Ombudsman to prosecute for graft and other criminal offenses former President Benigno S. “Noynoy” Aquino III, his Budget Secretary Florencio B. Abad, former Health Secretary Janette L. Garin and several
incumbent and former health officials and private individuals in connection with the P3.5-billion anti-dengue drive of the Department of Health (DOH) and French pharmaceutical giant Sanofi Pasteur, manufacturer of the controversial Dengvaxia vaccine.
In a letter addressed to Ombudsman Conchita Carpio-Morales, the NBI recommended the conduct of preliminary investigation against Aquino and his corespondents for “conniving” to introduce the Dengvaxia vaccine in the country by circumventing procurement and other government processes.
The NBI said Aquino, Abad and Garin should be held liable for technical malversation for conspiring to unlawfully effect the release of savings from the fiscal year 2015 Mutual Benefit Personnel Fund and use the same to augment the anti-Dengue immunization program.
The agency also recommended that former Health Secretary Paulyn Jean B. Ubial be investigated for technical malversation for pursuing the dengue vaccine project, despite knowing that it was never part of the 2015 or 2016 General Appropriations Act.
Aside from Aquino, Abad, Garin and Ubial, also facing complaint for technical malversation are Family Health Office Officer in Charge Joyce Ducusin; Philippine Children’s Medical Center Director Julius Lecciones; Family Health Office Medical Specialist II Dr. Maria Wilda Silva; DOH-Disease Prevention and Control Bureau Director IV Mario Baquilod; and Dr. Rosalind Vianzon.
“There is technical malversation because government funds amounting to P3 billion intended for the 2015 Miscellaneous Personnel Benefit Fund (MPBF) of the Executive department was utilized for the procurement of Dengvaxia under the DOH school-based immunization program. Although the source of fund was declared as savings by the Chief Executive, its intended purpose failed as there is no existing programs, activity or
project for dengue procurement and immunization,” the NBI said.
Likewise, the NBI asked the Ombudsman to hold Garin, Health Undersecretary Kenneth Hartigan-Go; former Officer in Charge of the Food and Drug Administration lawyer Nicolas Lutero; former OIC of Center For Drug Research and Regulation-FDA Ma. Lourdes Santiago; OIC CDRR-FDA Melody Zamudio; FDA consultants Grace Medina and Imelda Matero; Health Undersecretaries Lyndon Lee Suy and Vito Roque; DOH official Vito Roque; and Sanofi officers Conchita Santos, Oliver Charmeil, Guillaume Leroy, Jean Antoine Zinsou, Thomas Triomphe, Joselito del Mundo Sta. Ana and Jervin Papelleras liable for violation of Section 3 (e) of Republic Act 3019, or the Anti Graft and Corrupt Practices Act.
Likewise, the NBI said Formulary Executive Council Chairman Froilan Bagabaldo and members Cleotilde How, Cecicilia Jimeno, Hilton Lam, Cecilia Maramba-Lazarte, Paul Matthew Pasco, Imelda Pena and John Wong should also be investigated for violation of RA 3019. The NBI accused the respondents of “causing undue injury” to the government by giving Sanofi unwarranted privilege in connection with the anti-dengue vaccine deal.
Meanwhile, another criminal case was filed on Monday against Garin and 36 others health officials and private individuals before the Department of Justice (DOJ over the death of a student inoculated with the controversial Dengvaxia vaccine.
It was the 11th criminal complaint filed against Garin and other respondents before the DOJ since the Public Attorney’s Office (PAO) documented 67 cases of deaths from the vaccine.
A complaint for reckless imprudence resulting in homicide under the Revised Penal Code and violations of Anti-Torture Act and Consumer Act was filed against the former health officials and executives of manufacturer Sanofi Pasteur Inc. and distributor Zuellig Pharma Corp. by the family of 11-year-old Michael Tablate from Subic in Zambales.
Tablate died in October last year after being inoculated with the anti-dengue vaccine.
Tablate’s mother, Rowena Villegas, was assisted by PAO in filing the complaint. The DOJ had earlier tapped the PAO to conduct fact-finding investigation and case buildup on the Dengvaxia controversy.
It was the 11th criminal complaint filed against Garin and other respondents before the DOJ so far as the PAO has already documents 67 cases of deaths from the vaccine.
Just like in previous cases, the latest complaint accused Garin and others of negligence through “arbitrarily, maliciously, and deliberately failure to inform the Dengvaxia recipients and their parents/families of the dangers and risks related to Dengvaxia and to obtain their informed consent.”
It also cited the failure of the DOH under Garin to conduct proper screening of Dengvaxia recipients and to implement active and aggressive monitoring and surveillance over the recipients considering the risks posed by the vaccine to seronegative recipients or those who had no history of dengue.
According to Villegas, her son was inoculated with the vaccine thrice—in March 2016, November 2016 and July 17, 2017.
“Around a week after receiving his last shot of Dengvaxia, Michael experienced dizziness, headache and vomiting, causing him to miss school…. Since Michael was inoculated with Dengvaxia, he started having frequent asthma attacks,” the complaint read.
The PAO forensic team conducted an autopsy on the victim and found that he died of “multiple organ failure” attributed to “viscerotropic-like disease with neurotropic-like disease secondary to Dengvaxia vaccination.”