The final outcome of the P3.5 billion Dengvaxia controversy involving the purchase of vaccines used in a mass immunization against dengue can be patterned after a recent Commission on Audit (CoA) ruling for 10 Government Service Insurance System (GSIS) officials to return P25.13 million spent for an anti-avian influenza drug bought in 2006.

In a decision penned by the CoA-Commission Proper (CoA-CP) last 8 August, the three-man panel has declared the disallowance final and executory.

CoA junked a petition for review by the GSIS officials who procured 476,300 capsules of the medicine as their motion was filed outside the stipulated period.

“Having attained finality, the assailed decision is immutable and unalterable and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law,” the CoA decision read.

“If only to stress, GSIS had no authority to undertake the procurement of Oseltamivir capsules as it is not a health or health-related establishment. Being a social insurance institution, it does not have the required skills and expertise to determine the existence of an Avian influenza, more so to treat the same. Hence, the procurement of the Oseltamivir capsules has no legal basis and should remain disallowed,” it explained.

The CoA decision responded to the appeal of four former and incumbent GSIS officials namely Dr. Angel Concepcion, Concepcion Madarang, Consuelo Manansala and Esperanza Fallorin.

A scrutiny of the issues and arguments presented therein show that they are reiterations, if not a rehash, of those stated in the appeal memorandum.

Other officials who were held accountable on the disallowance but did not file their petitions are former Board of Trustees Reynaldo Palmiery, Bernardino Abes, Daniel Gutierrez, Jesse Andre and Jesus Santos.

The four petitioners asserted the application of “equity and substantial justice,” which can be considered to “warrant a liberal interpretation of the rules.”

“Nevertheless, the petition would still be denied on the merits. A scrutiny of the issues and arguments presented therein show that they are reiterations, if not a rehash, of those stated in the appeal memorandum. These issues were already judiciously discussed and correctly passed upon in the assailed decision. There being no new matters to discuss, this Commission finds no reason to disturb the findings of the CD (Cluster Director),” CoA said.

In a previous ruling released last 1 August, the CoA said most of the purchased medicines in 2006 were not distributed and were near expiration.

The said case originated from the notice of disallowance issued after the CoA found out that GSIS disbursed P25.13 million from its funds to buy Oseltamiriv capsules for the state-run insurance firm employees and their dependents during an Avian flu outbreak.

In the 4 July decision by CoA-CP, the Prosecution and Litigation Office was already directed to forward the case to the Office of the Ombudsman.

The decision was penned by CoA-CP chairperson Michael Aguinaldo, and Commissioners Jose Fabia and Roland Pondoc.