Only after a slew of criticisms leveled against Department of Justice (DoJ) Secretary Menardo Guevarra did he move to file a watered-down criminal case against the yellow President, Noynoy Aquino, and his then Budget Chief Florencio “Butch” Abad on the purchase of the dengue vaccine Dengvaxia which had caused many children’s deaths after being injected with the vaccine.

It was Sen. Richard Gordon, chairman of the Blue Ribbon Committee, who initiated the probe on the Dengvaxia scandal. He was flabbergasted when the DoJ failed to include Aquino and Abad in the charges as he called for the Justice department to probe further into Noynoy’s possible liability in the P3.5 billion purchase of the vaccine.

The DoJ chief quickly replied, saying: “I have already explained to Senator Gordon that former President Aquino, Secretary Butch Abad, et al. are facing a different complaint which is also up for resolution by the DoJ very soon.”

Why should the charges against Noynoy and Abad be treated separately and even downgraded to the point of their being much less serious than the charges leveled against the former Health secretary and other lower ranked officials, especially when, as President, Noynoy was certainly meeting directly with Sanofi, the makers of the Dengvaxia vaccine? He even rushed the overpriced P3.5 billion purchase which caused the deaths of a number of schoolchildren.

A DoJ panel released in the last day in February a resolution finding probable cause to indict former Health Chief Janet Garin and 19 others for reckless imprudence resulting in homicide for their liability in the deaths of eight children who got shots of the vaccine.

But no such charges were filed against Noynoy and Abad.

As President, Noynoy should be made responsible and accountable, but he has never been made accountable nor has he ever taken responsibility for things that have gone wrong.

Noynoy and Abad, who had earlier escaped charges filed by the Public Attorney’s Office (PAO), now stand accused of multiple homicide and physical injuries through criminal negligence, graft, technical malversation and violation of the procurement law. Several others who had been indicted earlier are also included in the same criminal complaint filed by the Volunteers Against Crime and Corruption (VACC) and the Vanguard of the Philippine Constitution Inc.

Despite having buckled to earlier criticisms, Guevarra, an executive undersecretary during the yellow regime of Noynoy, is suspected to still retain a yellow streak, as the resolution, if it is not dismissed by him and his prosecutors, would amount only to graft and technical malversation, then transmitted to the Ombudsman.

But why is there a seeming downgrading of charges since Guevarra has stated that at most the DoJ resolution, if Noynoy and Abad are indicted, will only touch on graft and technical malversation, when the charges filed by the VACC cover multiple homicide and physical injuries through criminal negligence, graft, technical malversation and violation of the procurement law?

Guevarra’s yellow streak at work again, perhaps? Or is Noynoy again being protected, as former Ombudsman Conchita Carpio-Morales protected him and Abad from being criminally charged — whether the complaint against the duo was outright bribery of the members of Congress to impeach and convict then sitting Supreme Court Chief Justice the late Renato Corona, the blatant misuse of tax money from the Disbursement Acceleration Program (DAP) or the refusal of Noynoy to do anything by way of aiding the Special Action Force troopers who were being massacred by the Moro Islamic Liberation Front rebels, even as the yellow President was watching the massacre at real time and could see his troops being slaughtered by the rebels whom he was protecting.

It is not credible at all for the DoJ secretary to get Noynoy charged with only graft and technical malversation.

As Gordon pointed out, “Former President Aquino is responsible because he caused the purchase of Dengvaxia and, in the process, caused irreversible damage, possibly death to children and anxiety, sleepless nights, unnecessary expense on the part of the parents and guardians.”

He added: “The greatest sin and transgression of Aquino was to put the lives of Filipino children in grave peril. He simply did not care. He’s insensitive and lacks compassion.”

Yet he still gets a pass from Guevarra although the DoJ chief tries to pass on the downgraded charges to his prosecutors which is such a lame excuse and hardly credible.

The National Bureau of Investigation filed in July 2018 a criminal complaint before the Office of the Ombudsman against Aquino, Abad and Garin over their alleged involvement in the anomalous purchase of the vaccine.

Why has it taken too long for the DoJ to file this particular criminal complaint that had, as respondents, Noynoy and Abad and worse, they were clearly given a pass by the DoJ until the criticisms set in against Guevarra who, succumbing to criticisms, nevertheless downgraded the charges when the yellow duo should have been charged with even higher criminal crimes?

Where is justice if Aquino and Abad are not charged with more serious criminal crimes?

Justice does not have a yellow streak and the DoJ chief should know it!