The Quezon City Regional Trial Court (RTC) Branch 229 has dismissed the criminal cases filed against former health secretary Janette Garin and other doctors as the prosecution failed to provide sufficient evidence against them.
The court decision noted that the prosecution’s witnesses were not real experts to offer an opinion 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,” the decision penned by Presiding Judge Cleto R. Villacorta III read, adding that all criminal charges against the accused are all dismissed.
The decision also read: “The testimonies of Dr. Clarito Cairo, Dr. Tony Leachon, and Dr. Erwin Erfe were inadmissible.”
“I cannot rely upon Dr. Cairo, Dr. Leachon and Dr. Erfe because their respective opinions on what Demurrant Garin should and should not have done is not evidence. They should first be qualified as an expert Witness on what a Secretary of Health ought to have done or ought not to have done in fairly similar circumstances as this Demurrant was facing,” the decision further read.
“Expert witnesses have a special duty to the court to provide fair, objective, and non-partisan assistance. A proposed expert who is unwilling or unable to comply with this duty is not qualified to give expert opinion evidence,” the Court cited.
The Second Level Court did not qualify Dr. Erfe as an expert who can provide an expert opinion on dengue, Dengvaxia, and vaccines.
The Court explained that an expert opinion, to be admissible as evidence, must come from a credible expert who has special knowledge, skill, or training; it must be derived using sound “scientific” principles and methodology; and must not be based on hearsay and in this case, there is no such evidence on record.
Moreover, the Court also said that it cannot be proven that the cause of the death of the eight children was due to dengvaxia as before vaccination, these children had underlying conditions.
“[I]t appears though from the evidence that the children had other diseases, pre-existing or otherwise, that the death certificates and the Pathologist were able to document,” the Court ruled.
The Court further explained that the immunization guidelines on dengvaxia issued by the Department of Health (DOH) were not followed, despite being clear on its instructions to conduct screening of a child before inoculating the vaccine. Also, per the guidelines, health professionals should have conducted the vaccination, however, in this case, most of the victims were inoculated by barangay workers who were not authorized to do so.
Following the grant of the demurrer to evidence to Garin, et al., the prosecution filed a Motion for Reconsideration (MR), however, on August 20, 2024 the Court denied the MR and ruled that the “orders granting their respective demurrers stand.”
Other charges against the medical professionals were also dismissed.
