QC family court judge inhibits on Dengvaxia case

Quezon City Regional Trial Court Judge Cleto Villacorta III of Branch 299 has decided to recuse himself from handling the remaining 35 criminal cases related to the Dengvaxia vaccine.

The judge’s decision came after he rejected a motion for reconsideration on 20 August 2024, regarding his previous ruling that granted a demurrer to evidence to Iloilo First District Representative Janette Garin and others.

In his inhibition order dated 22 August 2024, Villacorta said that it would be futile for him and his branch to continue hearing the eight remaining cases and then dealing with the 35 other cases.

He added that if the only way to resolve these cases is for another branch to agree with the prosecution, then so be it.

The judge also expressed concerns about the justice system’s reliance on trust and confidence. He said that if this trust disappears, the foundation of his authority as a judge would also crumble.

The panel of prosecutors led by City Prosecutor Vimar Barcellano and Deputy Chief Prosecutor Irene Resurreccion-Medrano had filed a motion for inhibition against Judge Villacorta, accusing him of being “selective” in his decision-making.

They questioned his decision to reject the testimony of key witnesses, Dr. Erwin Erfe and Dr. Tony Leachon, as expert witnesses.

The prosecutors argued that Villacorta had “unjustifiably” overturned the previous judge’s ruling on the expertise of the prosecution’s expert witnesses. They also expressed concerns about Villacorta’s fairness and impartiality in handling the cases, citing the serious misgivings of the parents of the Dengvaxia victims.

The prosecutors believed that the judge’s inhibition would allow the prosecution to present its evidence before a magistrate who is truly fair and impartial.

 Villacorta had previously dismissed eight criminal charges against Garin and other co-accused, citing the “failure of the prosecution to provide sufficient evidence against them.”

Garin, in a statement, claimed that the judge’s ruling had completely absolved her from all the Dengvaxia cases.