DOJ downplays conflict of interest in Dengvaxia cases

MANILA, Philippines — The Dengvaxia cases are being handled by the book and will be resolved “in accordance with law and jurisprudence,” the Department of Justice (DOJ) said yesterday following allegations by the Public Attorney’s Office (PAO) that the national prosecution service is biased.

In a statement, the DOJ said it was “unfair” for PAO chief Persida Acosta to accuse the national prosecution service of conflict of interest because DOJ Undersecretary Jesse Hermogenes Andres, who used to represent former health secretary Janette Garin, is now part of the DOJ.

Garin is a co-accused in the case of reckless imprudence resulting in homicide filed in connection with Dengvaxia inoculations pending before the Quezon City Metropolitan Trial Court Branch 133.

The DOJ said Andres withdrew as counsel in the cases in May and has inhibited himself from the cases upon assuming his new post.

“Even after the assumption of Andres as DOJ undersecretary, all Dengvaxia complaints were filed in court except those similarly dismissed in the past for failure to present an actual vaccination card,” the agency added.

Acosta filed a motion in court asking the DOJ to hand over the prosecution of Dengvaxia cases to PAO.

In response, the DOJ said Acosta’s proposal is contrary to law and is outside PAO’s mandate, adding that “there is neither factual nor legal basis for the disqualification of the DOJ.”

“The DOJ shall resolve the pending petitions for review involving the Dengvaxia cases in accordance with law and jurisprudence and based solely on the evidence presented by the parties… There are existing rules and mechanisms on avoidance of conflict of interest and the DOJ will strictly implement them,” it added.

PAO represents relatives of children whose deaths were allegedly caused by the anti-dengue vaccine following the vaccination program using the Dengvaxia shots produced by French pharmaceutical company Sanofi Pasteur.

As of Nov. 11, 2022, 157 Dengvaxia cases have been filed with the Quezon City Regional Trial Court, eight cases are for filing and 24 cases were dismissed.

A motion for reconsideration was filed on Oct. 25.