JV: Garin, Abad may face technical malversation raps over Dengvaxia mess

Former Health secretary Janette Garin and former Budget secretary Florencio Abad may be charged with technical malversation for their involvement in the P3.5-billion procurement of the Dengvaxia vaccine, Senator JV Ejercito said on Sunday.

In a Super Radyo dzBB interview, Ejercito said the amount used for the vaccination program was not part of the General Appropriations Act for 2015.

It was also revealed in the joint hearing of the Senate blue ribbon and health committees last Thursday that the funding for the vaccination program was sourced from the Miscellaneous Personnel Benefits Fund (MPBF) and Pension Gratuity Fund (PGF) savings.

"Hindi ako abogado pero sa aking pagkakaalam, ang lahat ng dapat pagkakagastusan o lahat ng programa ng ating pamahalaan, dapat merong appropriations na galing sa Kongreso. At dito, malinaw na malinaw na wala ang purchase of dengue vaccine," Ejercito said in the interview.

"Ang sinasabi ay noong panahon na 'yon wala pa ang approval at hindi pa sila sigurado kung pwede na ang dengue vaccine. So noong nagkaroon ng go signal eh saka nila pinurchase. Pero sa akin, kahit saan mo tingnan, 'yan ay technical malversation kasi nga walang approval ng Kongreso, walang appropriations ang pagbili ng P3.5-billion worth of dengue vaccine," he added.

Under the Revised Penal Code, technical malversation is committed by a public official if he or she applies public funds under the administration to some public use, and that the funds were applied in a different purpose under which is originally appropriated by law.

Ejercito said those liable for technical malversation are "all the signatories" in the procurement including Abad, who chaired the department that financed the project, and Garin, who headed the department that acted as the procurement agency.

Command responsibility

The senator said former President Benigno Aquino III may be held liable for failure to observe proper command responsibility.

"Sa tingin ko, kung titignan mo 'yong command responsibility, baka may liability siya. Maybe negligence lang dahil kinakailangan niyan, due diligence," he said.

"Kumbaga, ang mas mabigat na may sala ay iyong mga underlings, iyong mga secretaries dahil sila dapat ang nagsagawa ng due diligence," he added.

Ejercito, meanwhile, admitted that he sees that the Aquino administration made the "rushed" procurement of the dengue vaccine in "good faith."

"Ang suspicion ko, na base sa kaniyang paglalahad, mukhang in good faith, meaning na talagang gusto niya sigurong ma-ano, dahil nga siguro yung picture na [nakikita] ay yung dengue ay talagang nakakatakot. So kinakailangang kumilos agad. So on that sense, in good faith, kaya ko sinabi," he said.

Ejercito, however, said the allotment of P3.5 billion for the vaccination program without Congress' nod is still questionable.

He said the Senate committee on health, which he chairs, may also conduct a separate inquiry into the vaccination program, focusing mainly on the health aspects.

"It is possible na magkaroon ng hearing on the health aspect para mabigyan ng pagkakataon yung mga health experts on moving forward on what to do," he said.

"Ang concern ko dito ay 'yong 800,000 na magulang na siyempre yung anxiety because siyempre, mga anak nila 'yon eh. It is our duty to inform the public, especially those parents of the 800,000 [children] kung ano na ang development. On that aspect, baka magpatawag tayo ng pagdinig," he added.

Aside from the Senate, the House committees on good government and public accountability and health are also conducting investigations into the vaccination program. —Erwin Colcol/ALG, GMA News