The criminal cases filed against former Health Secretary Janette Garin and other doctors were dismissed by the Quezon City Regional Trial Court (RTC) Branch 229 due to the prosecution’s failure to provide sufficient evidence.
It was noted in the court’s decision that the prosecution’s witnesses were not deemed genuine experts capable of offering opinions on Dengvaxia.
“The prosecution evidence failed to establish a prima facie case against Demurrant Janette L. Garin and Demurrant Julius Lecciones. The evidence does not amount to proof beyond a reasonable doubt of any or all of the criminal charges against either or both of them,” stated Presiding Judge Cleto R. Villacorta III in the resolution.
As a result, all criminal charges against the accused were completely dismissed.
The decision also indicated that the testimonies of Dr. Clarito Cairo, Dr. Tony Leachon, and Dr. Erwin Erfe were not accepted by the court.
Dr. Erfe was not qualified as an expert in the Second Level Court to provide opinions on dengue, Dengvaxia, and vaccines.
The court explained that expert opinions, to be accepted as evidence, must come from a reliable individual with special knowledge, skills, or training.
These must be derived using scientific principles and methods.
Findings and evidence must not be based on hearsay.
Additionally, the court noted that the cause of death of the eight children could not be proven to be due to Dengvaxia, as these children had underlying conditions before vaccination.
The court further explained that the immunization guidelines for Dengvaxia issued by the Department of Health (DOH) were not followed, despite clear instructions to conduct screening on a child before administering the vaccine.
Moreover, according to the guidelines, health professionals should have conducted the vaccinations. In this case, most of the victims were inoculated by barangay workers who were not authorized to do so.
Following the granting of a demurrer to evidence for Garin and others, the prosecution filed a Motion for Reconsideration (MR). However, on August 20, 2024, the court denied the motion.
Other cases against the medical professionals were also dismissed.
