Drilon contradicts Gordon’s report on Dengvaxia

Senate Minority Leader Franklin Drilon on Thursday expressed opposition to the blue ribbon committee's draft report on the Dengvaxia controversy.

Drilon sent to committee chairman Senator Richard Gordon his 30-page dissenting vote on the draft report, which held former President Benigno Aquino III, former Health secretary Janette Garin, and former Budget secretary Florencio Abad as primary conspirators and recommended the filing of graft charges, among others.

“Upon careful review of the draft report, I would like to inform you that I disagree with its findings, conclusions and recommendations. Thus, in accordance with Rule XI, Section 24 of the Rules of the Senate, I am formally entering my objection thereto and submitting herewith my dissenting vote,” he said.

Drilon said there was no conclusive scientific evidence to support the conclusion that any of the reported deaths were in any way connected to Dengvaxia as he pressed for the matter to be studied by qualified pathologists.

He also found no basis for the committee’s recommendation to file charges against the former President and his officials for violation of the Revised Penal Code, Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, Civil Code and Universal Declaration of Human Rights.

“Declaring certain personalities guilty at this point would not only be premature but would also reinforce impressions of the politicization of a legitimate public health concern that must be addressed in a clinical manner,” he said.

He, however, said if and when it is indubitably established that Dengvaxia is the proximate cause of the deaths in question, all those involved should be held accountable—without exception.

Drilon disagreed with the report's contention that Aquino committed a felony when he approved the procurement of Dengvaxia.

He said Aquino acted in good faith, upon the advice and reports of his subordinates.

He said for an intentional felony to exist, the person should have acted by means of dolo or with malice. Drilon said that absent criminal intent, there can be no felony. Malice, however, is negated by good faith.

“The first element—that an intentional felony was committed, is conspicuously absent. It is clear that President Aquino did not act with malice or dolo in procuring the vaccine,” he said.

Drilon added that good faith is evident in the process by which the former President arrived at his decision to procure the vaccine: considering factors such as the prevalence of dengue in certain regions of the country; the spike in reported cases in areas outside of Metro Manila; the costs of getting sick; the estimated costs for the entire country, which could total in P58.2 billion; the absence of a cure for dengue; and the fact that Mexico and Brazil have already approved the vaccine.

Drilon also said that when Sanofi Pasteur began selling Dengvaxia, there was no evidence of an increased risk of severe dengue in seronegative individuals aged 9 years and above.

“President Aquino could not have known of the possible adverse effect of the vaccine on seronegatives,” he said.

He said the findings of the PGH Investigative Task Force and the statements of noted dengue expert Dr. Scott Halstead contradicted the report’s conclusion linking the reported deaths of several children to Dengvaxia.

He added during Halstead’s testimony at the Senate, the latter said that a diagnosis of Dengvaxia as a cause of death cannot be based on an autopsy.

Drilon said that considering there is no conclusive proof to establish that Dengvaxia was the proximate cause of the deaths of the children whose bodies were autopsied by the Public Attorney’s Office, the second element of Article 4 of the Revised Penal Code is not met.

He also said Aquino did not commit technical malversation when he authorized the purchase of Dengvaxia, as it is well within his Constitutional authority to use the savings to fund the Dengvaxia procurement.

Drilon also pointed out that there was no undue haste in the procurement of the vaccine as the approval was well within the timelines provided in the law and relevant regulations.

He said the discussion of the dengue problem began in 2010, and thus the purchase of the vaccine in 2015 may hardly be characterized as hasty. —KG/BM, GMA News