UNDER THE MICROSCOPE

At long last, the verdict has come. After six long years and countless hours of stress, the respondents in the first eight cases have been exonerated. The judge has dismissed the criminal charges of homicide through reckless imprudence in the deaths of children allegedly due to the Dengvaxia vaccine.

The respondents, from the former secretary of health and now congresswoman Janet Garin, to former and incumbent DOH officials, FDA officials, an RITM researcher, former  PCMC director and officials, and Sanofi Pasteur  executives, can now heave a sigh of relief. Well, at least temporarily, for there are 35 criminal cases of the same charges and around 70 civil cases still pending in court, while over a hundred cases filed with the Department of Justice are awaiting disposition.

In the decision, Judge Cleto Villacorta III has opined that the prosecution failed to establish guilt beyond reasonable doubt because its witnesses were not real experts to offer an opinion on Dengvaxia. Further, “it appears though from the evidence that the children had other diseases, pre-existing and otherwise, that the death certificates and the pathologist were able to document,” the court said.

With this development, the other cases in court should also be dismissed based on the principle of double jeopardy, which means one cannot be accused of a crime that he/she was previously cleared of. Otherwise, this is a violation of a person’s constitutional rights under Article II Section 21 which states: “No person shall be twice put in jeopardy or punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.”

But alas! Judge Villacorta III has inhibited himself from hearing the other cases because the prosecution filed a motion for inhibition against this judge, as it has against two other judges trying the cases, namely, Judges Jose L. Bautista Jr. and Lily Ann N. Marcos-Padaen. Such cases of inhibition could be problematic as these might tend to delay the resolution of long-pending cases.

Similarly, the public prosecutors should be mindful of the CPRA Canon II Propriety, Section 31 Prosecution of Criminal Cases that states: “The primary duty of a public prosecutor is not to convict but to see that justice is done. Suppressing facts, concealing of, tampering with or destroying evidence, coaching a witness, or offering false testimony is cause for disciplinary action.”

For Dr. Lyndon Lee Suy, the dismissal of the cases came way after he died of a massive heart attack from the stress caused by the filing of the cases. He didn’t live to see his name cleared and his reputation restored.

The living respondents have also suffered. They have had to post bail of ₱30,000 for each case, hire lawyers and undergo the indignity of being fingerprinted and getting mug shots. The expenses, stress, anxiety and bad publicity have caused material damages and psychic turmoil. Their professional careers have taken a hit, and some who retired had their retirement pay withheld. Life has been a continuous cycle of court hearings, legal consultations, and social media harassment.

But do you know who are the real victims of this media circus? It is the young children who have not been vaccinated for childhood diseases because their parents believe the mantra of “bad vaccine.” Thousands of those unvaccinated have died of measles and diphtheria, while many more suffered the consequences of these infections as well as polio, rubella, mumps. The hepatitis B and HPV vaccination drives have also failed. Years from now, we will see an uptick in liver cancers due to hepatitis B and cervical cancer due to HPV infections. Dengue cases have surged to epidemic levels.

The demonization of vaccines will have severe consequences for public health. Will those who pursued the Dengvaxia cases for personal gain and political reasons be held accountable for what has happened and will happen in the future? Any way you look at it, it is tantamount to crimes against humanity. It is time to document the deaths and sufferings of those who have been impacted by the Dengvaxia controversy. There should be a reckoning in the International Criminal Court for these culprits.