Duque to answer PAO accusations, DOH may file countercharges

Health Secretary Francisco Duque III will answer the suit filed by the Public Attorney's Office (PAO) before the Department of Justice while continuing the Department of Health's (DOH) mandate to monitor the health and wellness of some 837,000 inoculated with the dengue vaccine Dengvaxia.

Calling the suit "malicious and oppressive" and PAO Chief Persida Acosta's actions "clearly unbecoming of a public official" and "counterproductive," Duque said at the DOH headquarters on Friday that they will nevertheless answer the charges.

"The DOH will continue its efforts to attend to the health concerns of children vaccinated with Dengvaxia. While this recent case filed by PAO is counterproductive, we need to move forward to ensure that gaps in Dengvaxia vaccination are addressed and that other important health programs of the DOH continue to serve the needs of our people," he said.

Later, he said, "All these controversies, all this noise that are created should not detract us from our commitment to ensure that the health of the children vaccinees is monitored and addressed even when they're experiencing certain illnesses."

Any chances of countercharges will be up to the DOH's executive committee to discuss after Duque and others in the PAO-led suit give their responses to the DOJ.

"That depends on the execom of what the decision will be in terms of the possibility of perhaps filing countercharges. That's not yet for sure, because that will be subject to what will be the outcome with the DOJ once we submit our counter-affidavit," Duque said, noting that libel was not out of the question.

Duque noted that the filing of cases was "very selective," pointing out that initial charges did not include former President Benigno Aquino III and former Budget Secretary Florencio Abad.

"Wala tayong magawa na may mga agenda ang ibang tao. We don't know, but we just have to do our job and look after the health of the children vacinees," he said.

Of Acosta's accusations, Duque noted, "Parang hindi niya inisip na may bagong appointees si Presidente na hindi naman sangkot dun sa pagdedesisyon na ilunsad 'yung Dengvaxia nung 2016."

Duque was named in a complaint along with other DOH officials and officers of drug maker Sanofi Pasteur and its local distributor Zuellig Pharma.

He and the others, including former Health chief Janette Garin, face a complaint for reckless imprudence resulting in homicide and for violations of the law against torture.

Presumption of legality

Duque said he did not monitor the immunization program as he was focused on the health needs of refugees from the siege of Marawi and presumed that all running programs of the DOH were above board.

"I always thought of the principle of presumption of regularity of duties of my people here in the DOH. Pagdating ko dito, kung ano ang ginagawa nila, pine-presume ko na legal lahat ng aksyon nila," Duque said.

He took full notice of the program after Dengvaxia manufacturer Sanofi Pasteur revealed that it may only be used for individuals who had dengue before.

Will not resign

When asked if he believes the charges were politically-motivated, Duque answered, "Hindi ko alam. That's a very interesting facet."

Nor will Duque entertain calls for his resignation.

"I'm not entertaining those ideas. I've been hearing that they've been calling for my... this same group has been calling for my resignation. They can go to the President and suggest it to the President," Duque said.

He noted that he and President Rodrigo Duterte discussed "in passing" the accusations leveled against him by Acosta in their recent meeting. Duque said the meeting was a report of the DOH's accomplishments with regard to Dengvaxia.

Duterte, he said, advised him to "just do (his) job."

The complainant was the father of Abbie Hedia, a 13-year-old who received a dose of Dengvaxia in November and died later in February from what her death certificate described as "septic shock."

She received the vaccine when Duque already assumed office as DOH secretary.

The elder Hedia was escorted by PAO which, along with the Volunteers Against Crime and Corruption (VACC), pulled a number of parents whose children died some time after receiving the controversial vaccine to file cases against government officials, Sanofi, and Zuellig officers.

Duque suspended the government's anti-dengue vaccination program within days of Sanofi Pasteur's announcement on Dengvaxia in November.

In a statement last week, the DOH said 1,967 out of 3,281 students hospitalized for various illnesses after receiving Dengvaxia during the government's school-based immunization program contracted dengue.

The DOH is currently investigating 65 deaths that occurred after immunization. It has allocated a total of P22.16 million for the hospitalization of Dengvaxia recipients. —KG, GMA News