In a recent development, the Sandiganbayan’s Second Division has dismissed the appeal of former Health Secretary Janette Garin to have the charges against her dropped in relation to the government’s purchase of Dengvaxia vaccines. The court, in a nine-page resolution promulgated on Wednesday, rejected Garin’s motion to quash or dismiss the case filed by the Office of the Ombudsman.
Garin had argued that the facts presented did not constitute an offense and that her right to a speedy disposition of the case had been violated. However, the court ruled that the allegations in the charge sheets were sufficient. It also noted that Garin and her co-accused were charged separately, with each charge sheet pertaining to a specific offense.
The court further explained its decision, taking into consideration the complexities of the case and the extensive investigation conducted by both the Department of Justice (DoJ) and the Office of the Ombudsman. It stated, “Considering the circumstances that attended the investigation of these cases… the Court finds that the length of time spent by both the DoJ and the Office of the Ombudsman before issuing the resolutions that culminated in the filing of the cases in court is reasonable and acceptable.”
One of the cases involves the alleged illegal use of public funds, filed against Garin, former DoH undersecretary Kenneth Hartigan-Go, Maria Joyce Ducusin, the officer in charge-director at the DoH at the time, and former Philippine Children’s Medical Center executive director Julius Lecciones. The case revolves around the amount of P3,556,155,900, which was intended to augment the budget of the DoH’s Expanded Program on Immunization (EPI) but was instead used to purchase Dengvaxia vaccines, which are not part of the EPI, according to the Ombudsman.
The other case, for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, was filed against Garin, Hartigan-Go, Ducusin, Lecciones, and former DoH undersecretary Gerardo Bayugo. The Ombudsman alleges that they conspired and acted in bad faith by issuing a Special Allotment Release Order (SARO) that realigned the funds for the procurement of Dengvaxia vaccines and the implementation of the School-Based Immunization Program, in defiance of relevant mandates and orders.
In the same resolution, the Second Division also dismissed the consolidated motion to quash filed by Bayugo and Ducusin, the motion to quash by Lecciones, and the motion to dismiss by Hartigan-Go.
Janette Garin, now a congresswoman representing Iloilo, has maintained her innocence and stated that her conscience is clear. However, with the court’s decision to proceed with the case, the legal process will continue to unfold.
It is important to note that this case has garnered significant attention due to the implications it has on public health and the trust in government procurement processes. Dengvaxia, a vaccine developed to combat dengue fever, has been the subject of controversy and investigation in the Philippines. The case against Garin and her co-accused reflects the government’s commitment to ensuring accountability and transparency in public service.
As the legal proceedings progress, it remains to be seen how this case will impact public perception, healthcare policies, and the overall handling of vaccine procurement in the country. The outcome will not only affect the individuals involved but also have broader implications for public trust and confidence in the healthcare system.
Source: The Manila Times
