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Sandiganbayan junks Rep. Garin's bid to dismiss Dengvaxia cases


The Sandiganbayan has denied the bid of Iloilo Representative Janette Garin to dismiss the graft and illegal use of public funds cases filed against her in connection with the Dengvaxia controversy.

In a nine-page resolution, the Sandiganbayan rejected Garin and her co-accused's motion to quash criminal information on the basis of inordinate delay in the filing of charges.

According to the anti-graft court, sufficient time was needed to evaluate the complaint that initially had 42 accused individuals.

"Considering the circumstances that attended the investigation of these cases - with originally 42 respondents who were all given the opportunity to answer the charges against them, and the complexities of the issues that required careful study and consideration of voluminous documents submitted in the course of the investigation - the Court finds that the length of time spent by both the Department of Justice and the Office of the Ombudsman before issuing the resolutions that culminated in the filing of the cases in court is reasonable and acceptable," the court said.

The Sandiganbayan also noted that the investigation was not marred by "vexatious, capricious and oppressive delays."

"Rather, the length of time spent in the investigation indicates that a careful examination and review of the evidence and documents were thoroughly undertaken before the cases were filed in court," it said.

A former Department of Health (DOH) secretary, Garin was charged for the alleged unlawful procurement of P3.5 billion worth of Dengvaxia, an anti-dengue vaccine, in 2015.

GMA News Online has reached out to Garin for comment and will publish her response as soon as it becomes available.

In a statement issued when she posted bail in November 2023, Garin, who served as DOH chief during the administration of former President Benigno Aquino III, said she is innocent of the charges.

"Posting bail is part of the agonizing process to prove our innocence. It is a crucial step in ensuring a fair trial and safeguarding one's rights," she said.

"We hope that this first step into clearing our name can be dealt with timely so that scientists and doctors can perform our regular tasks," Garin added.

In the charge sheet dated October 24, 2023, government prosecutors alleged that Garin and her co-accused "willfully, unlawfully and feloniously" caused the release of P3.5 billion in public funds to increase the budget for the Expanded Program for Immunization (EPI) but used the said funds for Dengvaxia purchase, which was not part of the EPI.

The Ombudsman further alleged that Dengvaxia vaccines are not listed in Volume 1 of the Philippine National Drug Formulary and have not secured an exemption from being listed in Philippine National Drug Formulary in violation of Executive Order No. 49, series of 1993, and related administrative orders and issuances.  —KBK, GMA Integrated News