FORMER President Benigno “Noynoy” S. Aquino III on Tuesday questioned the National Bureau of Investigation’s (NBI) filing of a complaint for technical malversation against him and several others before the Ombudsman in connection with the P3.5-billion anti-dengue immunization program implemented by his administration.
Interviewed at the Department of Justice (DOJ), Aquino lamented that his right to due process was violated when the NBI filed the complaint even without giving him an opportunity to air his side.
“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,” he told reporters covering the DOJ beat.
Aquino was at the DOJ to file 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 (RA) 3019 (Anti-Graft and Corrupt Practices Act) and RA 9184 (Government Procurement Reform Act) filed by anti-corruption groups Volunteers Against Crime and Corruption (VACC) and Vanguard of the Philippine Constitution Inc. (VPCI) in February over the deaths of schoolchildren inoculated with the controversial Dengvaxia vaccine, which he had already previously denied. Aquino noted that he was summoned by the NBI to appear before the bureau on May 25.
He said his lawyers went to the NBI, but 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 said.
Aside from Aquino, charged before the Ombudsman for technical malversation under Article 220 of the Revised Penal Code were former Budget Secretary Florencio B. Abad, former Health Secretary Janette Loreto-Garin, former Health Secretary Paulyn Jean B. Rosell-Ubial and several health officials.
Likewise, the NBI asked the Ombudsman to hold Garin and several incumbent and former health officials and officers of Dengvaxia vaccine manufacturer Sanofi Pasteur Inc. The NBI sought the indictment of Aquino and his corespondents over the “use of savings from 2015 and use the same to augment a nonexistent anti-dengue immunization program.”
Aquino said he would formally answer the charges before the Ombudsman upon getting copy of the NBI complaint.
He reiterated, however, that 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,” Aquino pointed out.
Meanwhile, in his rejoinder submitted to the DOJ on the complaint filed by the VACC and VPCI, Aquino 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 that the procurement process was aboveboard and within the timelines prescribed by RA 9184.
Aquino submitted his rejoinder ahead of the scheduled hearing on July 20, when Garin and Abad are expected to submit their respective rejoinders.
Other respondents in the case include former and incumbent health officials, officers of Dengvaxia local distributor Zuellig Pharma and Sanofi.
The DOJ panel chaired by Senior Assistant State Prosecutor Rossane Balauag is set to resolve the case after the submission of rejoinders.