The Sandiganbayan Second Division has rejected the bid of former Department of Health (DOH) and now Iloilo First District Representative Janette Garin to dismiss the criminal charges filed against her.

Garin filed the Motion to Quash to dismiss the graft and technical malversation charges against her related to the purchase of dengue vaccines worth P3.5 billion.

In a 10-page resolution dated January 10, the anti-graft court said allegations against Garin and other former DOH officials were “sufficient” and contain elements of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and elements of violation of Article 220 of the Revised Penal Code. 

The other respondents were former DOH undersecretary Gerardo Bayugo, former DOH acting director Maria Joyce Ducusin, former DOH undersecretary Kenneth Hartigan-Go, and former Philippine Children’s Medical Center chief Julius Lecciones.

The complaints were filed in February 2015 and the Ombudsman came up with a resolution only in August last year. The charges were filed before the Sandiganbayan in October 2023.

“The length of time spent in the investigation indicates that a careful examination and review of the evidence and documents were thoroughly undertaken before the cases were filed in court,” the anti-graft court said.

According to the Ombudsman, the respondents “willfully, unlawfully and feloniously cause the realignment of government fund” for the procurement of Dengvaxia vaccines and the implementation of the school-based immunization program.

DOH purchased the vaccines from pharmaceutical giant Sanofi Pasteur in 2016. However, the Ombudsman noted that Dengvaxia was not part of the immunization program and not listed in Volume 1 of the Philippine National Drug Formulary in violation of Executive Order 49, series of 1993, and related administrative orders and issuances to the damage of public service.

At least 800,000 learners aged nine years old and above were vaccinated in 2016 for 19 months beginning in April 2016. The DOH ordered to stop the Dengvaxia vaccination in December 2017 after Sanofi Pasteur said its product poses higher risks to people without prior infection.IMT