Ombudsman junks raps vs. Acosta, Erfe over Dengvaxia cases

The Office of the Ombudsman has dismissed criminal and administrative complaints against Public Attorney's Office (PAO) chief Persida Acosta and her forensic chief Erwin Erfe over their alleged misuse of funds in connection with the Dengvaxia controversy.

In a joint resolution, the investigating prosecutor said there was no probable cause to indict Acosta and Erfe for graft, falsification of public documents, malversation of public funds or property, and illegal use of public funds or property.

Administrative complaints for grave misconduct, serious dishonesty, grave abuse of authority and conduct prejudicial to the best interest of the service were also dismissed.

The resolution was dated October 3, 2019, approved by Ombudsman Samuel Martires on June 10, 2020, and received by the PAO on January 14, 2021.

Lawyer Wilfredo Garrido Jr. filed the complaint in 2018, accusing Acosta of creating the PAO Forensic Laboratory without legislative authority, "ambulance-chasing," "manufacturing" evidence, and "spreading hysteria" in connection with the dengue vaccine.

But the Ombudsman said the PAO has the authority to do "staffing modifications," subject to the approval of the Department of Budget and Management and to the availability of funds.

The resolution also states that the PAO has authority to represent the indigent relatives of Dengvaxia recipients under the PAO law or Republic Act No. 9406, as well as a department order from the Department of Justice authorizing the PAO to extend free legal aid to "all possible victims" of injuries, illnesses and deaths supposedly linked to Dengvaxia.

The Ombudsman said there was "no sufficient evidence" to show that Acosta and Erfe engaged in "ambulance-chasing," or seeking out relatives of Dengvaxia recipients and "instigating" them to file cases against health officials.

In addition, the Ombudsman considered Garrido's allegations as hearsay for supposedly having been based on news articles and posts on social media.

The other allegations, such as the hiring of Erfe despite his "sham credentials" and the submission of "bogus evidence" in the Dengvaxia cases, are covered by the pending criminal and civil cases filed by the relatives of the vaccine recipients, the resolution states.

"Wherefore, the criminal and administrative complaints against respondents are hereby dismissed, for insufficiency of evidence," the Ombudsman said.

At a press conference on Monday, Acosta thanked Martires for ending what she called was a "harassment" case.

She claimed that the complaint was a strategy to demoralize the PAO and the families of Dengvaxia recipients they represent.

Acosta said the PAO forensic team has examined the bodies of 161 individuals who died supposedly after receiving the dengue vaccine. More than a hundred families have filed complaints against health officials and officers of vaccine maker Sanofi Pasteur, and several cases have progressed to court.

They began filing the complaints after Sanofi announced in 2017 that people who had not had dengue prior to vaccination were at higher risk of more severe dengue.

The Department of Health said the supposed link between the deaths and the vaccine has not been proven, and some health experts have criticized the PAO for its "vague," "non-specific," and supposedly inconclusive autopsy findings.

Acosta has been blamed for sowing vaccine fears among the public. She has denied responsibility for the decline in vaccine confidence. — RSJ, GMA News