Parents of children whose deaths were allegedy caused by Dengvaxia, an anti-dengue vaccine, have protested a Quezon City trial court ruling which consolidated their 35 criminal complaints for reckless impruduence resulting to homicide and serious physical injuries into one case.
“Ang bagong kautusan ng korte ay hindi makatarungan para sa amin kaya hindi namin maiwasan hindi maglabas ng sama ng loob (The new order of the court is unjust for us that is why we could not help but air the laments we feel),” Samahan ng mga Magulang Anak ay Biktima ng Dengvaxia (SMABD) president Sumachen Dominguez said during a press conference on Friday, Dec. 15.
SMABD's reaction was issued in response to the Dec. 7 order issued by the Quezon City Regional Trial Court (RTC) Branch 229 on 35 pending Dengvaxia cases involving 35 alleged victims.
The RTC order, which was received last Dec. 11 by the Public Attorney’s Office (PAO) which represents the families, partially granted the separate motions to quash the complaints against five of the accused in the cases including former health secretary and current Iloilo 1st District Rep. Janette L. Garin
The Dec. 7 court order states: "In view thereof, the Motion to Quash is partially granted. Criminal Cases nos. R-QZN-23-07131 to 54-CR and R-QZN-2307159 to 69-CR are hereby quashed, pursuant to the pronouncement in Ivler v. Modesto-San Pedro that there shall be no splitting of charges under Article 365 of the Revised Penal Code and that only one Information shall be filed regardless of the number or severity of the consequences of the imprudent or negligent act."
“The Prosecution is given fifteen (15) days from receipt hereof within which to file a single Information against all the accused for Reckless Imprudence resulting to Multiple Homicide and Serious Physical Injuries,” the order also stated
Dominguez appealed to the judge to reverse the ruling. “Sa judge na humahawak sa amin rebisahin ninyo naman sana ‘yung ginawa ninyo (To the judge handling the cases, please change your action),” she urged.
She also appealed to President Marcos "to help the families of the victims."
“Hustisya lang hiling namin. ‘Yung pantay hindi lamang pabor sa kalaban namin (We just want justice. We just want equal footing and not just in favor of our opponents),” she said.
Dominguez pointed out each of the Dengvaxia cases is different from the other and involves differrent "victims."
“Hindi dapat nila pag-isahin dahil iba’t iba ang kaso namin. Iba-iba ‘yung nangyari (They shouldn’t consolidate them into one case. What happened in every case is different),” she stressed.
Dominguez also reminded the statements made by Dr. Mary Ann Lansang during the Senate Dengvaxia hearings that the effects of the vaccine will last for at least two decades.
“Marami pa kaming binabantayan na mga bata (We are monitoring other children),” said Dominguez who cited that another Dengvaxia recipient had died recently.