In a recent development, the Sandiganbayan’s Second Division has rejected the motion to dismiss the charges filed against former Health Secretary and current Iloilo 1st District Representative, Janette Garin. The charges were filed by the Office of the Ombudsman in relation to the controversial purchase of Dengvaxia vaccines.
The court, in a nine-page resolution promulgated on January 10, 2024, stated that it found the allegations in the charge sheets to be sufficient. Additionally, the court noted that Garin, along with others, was charged with a single offense twice.
Garin had filed a Motion to Quash And/Or Dismiss Informations, arguing that the facts charged did not constitute an offense, multiple offenses were charged, and her right to a speedy disposition of cases was violated. However, the court ruled that the investigations were conducted without vexatious, capricious, or oppressive delays. It emphasized that the length of time spent in the investigation indicated a careful examination and review of the evidence and documents before the cases were filed in court.
The court’s resolution also denied the Consolidated Motion to Quash filed by Garin’s co-accused.
One of the cases against Garin involves the alleged illegal use of public funds. The charge was filed against Garin, former Department of Health (DoH) undersecretary Kenneth Hartigan-Go, Maria Joyce Ducusin (who, according to the charge sheet, held the position of officer in charge-director at the DoH during the relevant time), and former Philippine Children’s Medical Center executive director Julius Lecciones.
The case revolves around the amount of P3,556,155,900, which, according to the charge sheet, was sourced from the 2015 MPBF and Fiscal Year 2014 General Appropriations Act. The funds were intended to augment the budget of the DoH’s Expanded Program on Immunization (EPI). However, the Ombudsman alleges that the amount was instead used to purchase Dengvaxia vaccines, which are not part of the EPI.
Another case filed against Garin and her co-accused is for alleged violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. The Ombudsman claims that the five individuals, including Garin, conspired and acted in bad faith to realign government funds and issue a Special Allotment Release Order for the procurement of Dengvaxia vaccines. This allegedly violated the mandate of Executive Order 49, series of 1993, and DoH Administrative Orders 2012-0023 and 2012-0023-A, causing damage and prejudice to the government in the aforementioned amount.
It is worth noting that in a statement made in 2023, Garin maintained her clear conscience regarding the charges.
The Sandiganbayan’s decision to deny Garin’s motion to dismiss the charges signifies the continuation of the legal proceedings against her. As the case progresses, it will be crucial to closely monitor any new developments and the impact they may have on the outcome.
Source: The Manila Times
