DOJ junks Garin’s complaint vs. Ubial over Dengvaxia controversy

The Department of Justice has dismissed former Health secretary Janette Garin's criminal complaint against her successor, Paulyn Ubial, in connection with deaths allegedly linked to the dengue vaccine Dengvaxia.

In a March 25 resolution seen Wednesday, a state prosecutor rejected Garin's charge of reckless imprudence resulting in homicide, for lack of probable cause.

Garin had accused Ubial of hastily approving and implementing a community-based dengue immunization program, an expansion of the original school-based campaign, "which contributed to the alleged reported deaths."

Garin and several others have earlier been indicted for the same offense in connection with the deaths of eight children that public attorneys have linked to the vaccine's supposed adverse effects.

In that case, another set of DOJ prosecutors said evidence showed Garin and her co-respondents "circumvented various regulations" in the purchase of P3.5-billion worth of Dengvaxia.

This time, the DOJ found Garin's complaint "failed to name a single victim who reportedly died as a result of Rosell-Ubial's alleged negligent approval and implementation" of the expanded program.

Assistant State Prosecutor Claire Eufracia Pagayanan wrote in the resolution that Ubial's liability could be established if there is a showing of a "direct causal connection" between the act and the alleged deaths.

"Considering that Loreto-Garin failed to show the existence of the corpus delicti of the crime of reckless imprudence resulting to homicide, the complaint against Rosell-Ubial shall be dismissed for lack of probable cause," the resolution stated.

The Department of Health has repeatedly stated the link between the vaccine's effects and the deaths has not been proven. — RSJ, GMA News