Noynoy Aquino (left) Garin (right) The Department of Justice is mulling the consolidation of the complaints filed by private individuals and groups with that filed by the National Bureau of Investigation before the Office of the Ombudsman against former President Benigno Aquino III, two of his cabinet and several former and incumbent officials of the Department of Health.

The charges against the former president are in connection with purchase, distribution and use of the anti-dengue vaccine Dengvaxia.

Justice Secretary Menardo Guevarra, in baring the move, said: “Except for the forum, the complaint filed by the NBI is essentially the same as the complaint filed by the Volunteers Against Crime and Corruption.”

“There is a possibility that the complaints may be consolidated to avoid conflicting resolutions. The VACC filed the case at the DoJ, which could be in charge of the consolidation,” Guevarra said.

He added that the motion to consolidate should come from any of the complaining parties, though.

In a letter signed by NBI Director Dante Gierran to Ombudsman Conchita Carpio-Morales, it recommended preliminary investigation against Aquino and his co-respondents, including former Budget Chief Florencio Abad and ex-Health Secretary Janette Garin for connivance in the introduction of the Dengvaxia vaccine by circumventing procurement and other government processes.

The NBI said Aquino, Abad, and Garin should be held liable for technical malversation in conspiring to unlawfully release savings from the 2015 Mutual Benefit Personnel Fund for use to augment the anti-dengue immunization program.

Aquino questioned the NBI investigation, saying he cooperated with the earlier probe by the agency and did not receive further notice on the probe afterward.

The VACC and the Vanguard of the Philippine Constitution, Inc. filed complaints before the DoJ in February against the three. Also implicated were several other personalities for possible violation of Section 3 of Republic Act (RA) 3019 (Anti-Graft and Corrupt Practices Act); Section 65 of RA 9184 (Government Procurement, Reform Act); Article 220 (Technical Malversation) of the Revised Penal Code; Article 365 (Criminal Negligence) of the Revised Penal Code and for other violations of the law.

Other respondents are health officials Maria Joyce Ducusin, Julius Lecciones, Maria Wilda Silva, Mario Baquilod and Rosalinda Vianzon.

The agency also recommended to probe former Health Secretary Paulyn Ubial for technical malversation for her part in the vaccine program.

The purchase amounting to P3.5 billion was used in the vaccination of 830,000 children.

The Public Attorney’s Office claimed over 200 deaths can be attributed to Dengvaxia use.

The NBI said the purchase was made without certificates of product registration given to Dengvaxia which only received a certificate of exemption.

It also mentioned some irregularities and that “the issuance of Certificate of Exemption was reduced to a mere procedural technicality that should be complied in order for the responsible officials to procure Dengvaxia.”

The NBI asked the Ombudsman to hold Garin, Health Undersecretary Kenneth Hartigan-Go, former officer-in-charge of Food and Drug Authority lawyer Nicolas Lutero; former OIC of Center for Drug Research and Regulation-FDA Ma. Lourdes Santiago; OIC CDRR-FDA Melody Zamudio; FDA consultants Grace Medina and Imelda Matero; health undersecretaries Lyndon Lee Suy and Vito Roque; and Sanofi officers Conchita Santos, Oliver Charmeil, Guillaume Leroy, Jean Antoine Zinsou, Thomas Triomphe, Joselito del Mundo Sta. Ana and Jervin Papelleras liable for violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

They said Formulary Executive Council chairperson Froilan Bagabaldo and members Cleotilde How, Cecicilia Jimeno, Hilton Lam, Cecilia Maramba-Lazarte, Paul Matthew Pasco, Imelda Pena and John Wong should also be investigated for violation of R.A 3019.

The respondents were accused of “causing undue injury” to government by giving Sanofi unwarranted privilege in connection with the anti-dengue vaccine deal.

On June 4, Aquino, Abad and Garin submitted their counter-affidavits before the DoJ panel headed by Senior Assistant State Prosecutor Rossane Balauag with members, Senior Assistant State Prosecutor Hazel Decena Valdez, Assistant State Prosecutors Consuelo Corazon Pazziuagan and Gino Paolo Santiago at the DoJ in response to the criminal complaint filed by VACC and VPCI.

The complainants on June 22 filed their reply affidavits before the DoJ panel of prosecutors during the preliminary hearing of the case.

The panel gave the respondents until July 20 to file their respective rejoinders.

Other respondents are DoH Undersecretaries Carol Tanio, Gerardo Bayugo, Lilibeth David and Mario Villaverde; and Assistant Secretaries Lyndon Lee Suy and Nestor Santiago; health department’s Financial Management Service director Laureano Cruz; directors Dr. Joyce Ducusin, Dr. May Wynn Belo, Dr. Leonila Gorgolon, Dr. Rio Magpantay, Dr. Ariel Valencia and Dr. Julius Lecciones; retired health undersecretaries Dr. Nemesio Gako, Dr. Vicente Belizario Jr., and Dr. Kenneth Hartigan-Go; and Dr. Yolanda Oliveros, who served as Garin’s head executive assistant.

Also indicted were officials and employees of the pharmaceutical company Zuellig, which supplied the Dengvaxia vaccine and Sanofi Pasteur, the vaccine manufacturer.