A court in Quezon City has denied the admission of all the documents in two motions filed by the prosecution in the reckless imprudence cases against former Health Secretary Janette Garin and nine other individuals in relation to the issue of the Dengvaxia (anti-dengue) vaccine.

In Quezon City Regional Trial Court (RTC) Branch 229's decision, the motions to file the documents (which will be used as evidence) for the two cases of reckless imprudence resulting in homicide (violation of Article 365 in relation to Article 249 of the Revised Penal Code) filed by the state prosecutor against the former health secretary and the other accused.

It also rejected the admissibility of the testimony of Dr. Anthony C. Leachon (witness) on the grounds of incompetency in the cases.

The decision was signed by QC RTC Branch 229 Acting Presiding Judge Maria Luisa Lesle G. Gonzales-Betic.

The motions for the documents to be admitted as evidence were dated Oct. 12, 2023, it read.

Among these were the Motion to Take Judicial Notice of the Proceedings in Congress praying for the Court to take judicial notice of the Blue Ribbon and Committee on Health and Demography and Finance inquiry, in aid of legislation in December 2017, January, February, and March 2018, and the TSN on the said dates; and the Committee on Good Government and Public Accountability and the Committee on Health inquiry in 2018 and TSN in the above-mentioned inquiries, filed by the prosecution.

The court also denied admission of Committee Report Nos. 368 and 1336; Motion to Take Judicial Notice of Republic Act No. 3720, as amended and Republic Act No. 9711; Issuance of Certificate of Product Registrations; FDA (Food and Drug Administration) Circular No. 2013-004; FDA Decision dated December 29, 2017; and FDA Order dated December 21, 2018.

It said that  the accused have filed their comments/oppositions on the motions and countered that the court "cannot take judicial notice of said documents on grounds of: (a) relevancy and that these documents are not official acts defined under the rule on judicial notice; (b) the transcript of the said Committee Hearings was already denied admission by the Court for failure of Prosecution to attach the same to the witness' (Dr. Fausto R. Quizon, Jr.) Judicial Affidavit and that the same was also denied admission on grounds of competency of Dr. Anthony C. Leachon; (c) the TSN failed to satisfy the element of general notoriety; (d) the admission of these documents as matters that the Court can take judicial notice is violative of the right of the accused to due process of law and to confront the witness face to face; (e) the documents (enumerated in the second motion) does not have the character of an official act of either the executive or legislative branch of the National Government nor does it have any co- relation to the main issue which was clearly identified during the Pre-Trial stage of the case; (f) the motion if admitted violates the doctrine of immutability of judgments and right of the accused to speedy trial; and (g) that this Court should not take judicial notice of matters that are precisely subject to dispute in this case."
No

It said that on Oct. 25, 2023, the prosecution filed their reply "insisting that they did not violate the Judicial Affidavit Rule and have furnished the accused copy of the TSN of the aforementioned Committee Hearing and that they are offering the TSN as an official act which was previously denied on grounds of competency of Dr. Anthony C. Leachon as a witness to testify on the same."

The decision stated that the "Court DENIES admission of all the enumerated documents in the two motions of the Prosecution" after due consideration of all the argument of the parties.

"This Court cannot, however, take judicial notice of the "truth of all matters stated therein "To rule otherwise would violate the right of all the accused to due process of law as they were not given the opportunity allotted to them by the Constitution to confront and assail the witness presented against them in the said Committee Hearings," the decision read.

"What the Court can take Judicial Notice of is the fact that hearings in aid of legislation and findings therein cannot be a substitute to the duty of the prosecution to prove the guilt of the accused beyond reasonable doubt based on competent and relevant evidence,” it added.

It also said that "this Court cannot take judicial notice of the said TSN of the Committee Hearings.".

"In addition, it must be pointed out that the TSN was already ruled to be inadmissible due to failure of the Prosecution to attach the same to the Judicial Affidavit of Dr. Fausto R. Quizon, Jr. and later, on ground of incompetency of Dr. Anthony C. Leachon to testify on the same."

"Third. The Court and all who are within the jurisdiction of the Republic of the Philippines is bound by the domestic law on the reason that every person is conclusively presumed to know the law" the decision read.

In 2020, Garin and the other nine individuals were charged with reckless imprudence resulting in homicide in relation to the roll-out of  Dengvaxia vaccines which allegedly led to the death of children and adults who received the doses after it was launched in 2016.

Garin served as the secretary of health during the term of former President Benigno "Noynoy" Aquino III.