Judgment day is near for former public officials recommended for criminal and administrative cases over the deaths attributed to the Dengvaxia anti-dengue vaccine, Justice Secretary Menardo Guevarra said yesterday, just a day after a House panel which investigated the mess recommended a host of charges against former President Benigno Aquino III and his officials, Florencio “Butch” Abad and Janette Garin.

The NBI, in complaints filed before the Ombudsman, said Aquino called his Cabinet on 10 December 2015 asking for proposals so they could disburse the Miscellaneous Personnel Benefits Fund

Guevarra said prosecutors were ordered to resolve the cases before the end of the month.

“I have directed the Dengvaxia investigating panels to resolve the cases this month,” he said.

He added resolving the involvement of former government officials in the controversy will lessen public speculations such as allegations that Public Attorney’s Office (PAO) chief Persida Acosta as having contributed to the measles outbreak due to the hysteria against inoculation.

“Acosta is just doing her job and certainly does not intend to scare the public about the possible negative effects of vaccination in general,” Guevarra said.

The National Bureau of Investigation (NBI), in complaints filed before the Ombudsman, said Aquino called his Cabinet on 10 December 2015 asking for proposals so they could disburse the Miscellaneous Personnel Benefits Fund before the end of the year.

Citing the 2014 Supreme Court decision that declared parts of the Disbursement Acceleration Program unconstitutional, the NBI said the officials violated the third condition for a legal transfer of funds which was that the savings could be used to augment an item in the General Appropriations Act (GAA) or national budget.

“There is no such item to augment in the 2015 GAA. To note, the anti-dengue vaccine or Dengvaxia was not yet available for government procurement at the time the savings was allocated due to its absence in the list of the Philippine National Drug Formulary,” the NBI said.

The preliminary investigation was concluded by the Department of Health (DoH) on the first batch of cases involving the deaths of nine schoolchildren — Aejay Bautista, Angelica Pestilos, Lenard Baldonado, Zandro Colite, Abbie Hedia, Jansyn Bataan, Mark Axel Ebonia, Rey Justin Almagno and Alexander Jaime, as well as on the second batch of cases involving eight victims — Clarissa Alcantara, Christine Mae de Guzman, Erico Leabres, Roshaine Cariño, Naomi Nimura, John Paul Rafael, Michael Tablate and Christine Joy Asuncion.

The third preliminary investigation though has yet to proceed involving 13 victims, namely, Wiljen Alcontin, Eleazar Brigoli Jr., Trishanne Asona, EJ Christian Apa, Joaniña Cortes, Gladimeir Juevesano, Kianah Mae Racuya, Adeline Castroverde, Jessica Viaros and Senior Police Officer 2 Vicente Arugay, Shiela Mae Guerra and Gillian Vasquez, and Kristen Jean Martira.

The latest case was filed last 29 January involving the death of a 12-year-old child from Quezon who allegedly died after being vaccinated with Dengvaxia in 2017.

Those named as respondents were Garin and other DoH officials, namely, Dr. Vicente Belizario Jr., Dr. Kenneth Hartigan-Go, Dr. Gerardo Bayugo, Dr. Lyndon Lee Suy, Dr. Irma Asuncion, Dr. Julius Lecciones, Dr. Joyce Ducusin, Rosalind Viianzon and Mario Baquilod.

Likewise named respondents are Food and Drug Administration officials Dr. Maria Lourdes Santiago and Melody Zamudio; officials of the Research Institute for Tropical Medicine Drs. Socorro Lupisan and Maria Rosario Capeding, and Philippine Children’s Medical Center official Dr. Sonia Gonzales and former official Dr. Raymundo Lo.

Sanofi Pasteur executives named as respondents are Carlito Realuyo, Stanislas Camart, Jean Louis Grunwald, Jean-Francois Vacherand, Conchita Santos, Jazel Anne Calvo, Pearl Grace Cabali and Marie Esther de Antoni.

Also facing charges from Zuellig Pharma are Kasigod Jamias, Michael Becker, Ricardo Romulo, Imran Babar Chugtai, Rayumund Azurin, Nilo Badiola, John Stokes Davison, Marc Franck, Ashley Gerard Antonio, Ana Liza Peralta, Rosa Maria Chua, Danilo Cahoy, Manuel Concio III, Roland Goco and Ma. Visitacion Barreiro.

“That’s why the DoH (Department of Health), with the President’s support, will launch a vigorous campaign to inform the people about the necessity of vaccination to prevent common illnesses, such as flu and measles,” Guevarra added.

Acosta drew flak for purportedly grandstanding on the Dengvaxia controversy after French manufacturer Sanofi Pasteur issued a global advisory that warned the public over risks of administering the vaccine to persons who have not yet contracted dengue fever.

Relating this to the recently-declared measles outbreak, the PAO chief’s name was dragged for allegedly influencing general perception about vaccination.

The PAO has been filing cases against several former and incumbent government officials in connection with the aborted Dengvaxia program. Citing forensic exam results, the PAO said the anti-dengue vaccine resulted in the death of several children.