Dengvaxia and the new standard in filing criminal cases

Just this week, we read in the news that the Department of Justice (DoJ) has ordered the withdrawal of criminal cases against former Department of Health (DoH) secretary and now Iloilo 1st District Rep. Janette Garin and two others in connection with deaths allegedly caused by the anti-dengue vaccine Dengvaxia.

Aside from Garin, also cleared by the DoJ were former DoH undersecretary Gerado Bayugo and former DoH assistant secretary Ma. Joyce Ducusin.

According to the resolution signed by Secretary Jesus Crispin Remulla, “in the scheme of things that transpired involving Dengvaxia, we found that the step-by-step procedures undertaken by the respondents do not exhibit inexcusable lack of precaution to hold them liable.”

DoJ Undersecretary Raul Vasquez pointed out that Remulla’s decision to withdraw 98 counts of reckless imprudence resulting in homicide against Garin and the others was prompted by a lack of a reasonable certainty of conviction in the cases.

The complainants in these cases had earlier alleged that Dengvaxia is responsible for the deaths of a number of children who got inoculated by the vaccine. However, the evidence of conspiracy among the respondents which suggests deliberate intent to cause harm by them, along with the charges of negligence on their part, seemed conflicting and inconsistent.

Now that the charges have been dismissed, it is an opportune time to explain the new standard for the filing of criminal cases, which is done at the level of the prosecutors.

In 2023, the DoJ issued a series of Department Circulars (DCs) that modified criminal procedure in the Philippines, by introducing the “reasonable certainty of conviction” standard when pursuing criminal cases. Also modified were implementing procedures that ensure proactive involvement by prosecutors during case build-up.

The DoJ made important changes to the process involved in instituting criminal cases in the Philippines. According to one of the DCs, the DoJ’s policy direction is “to only file cases with a reasonable certainty of conviction,” which is defined as “cases supported by prima facie evidence.”

There is reasonable certainty of conviction when “a prima facie case exists based on the evidence-at-hand including, but not limited to, witnesses, documentary evidence, real evidence, and the like, and such evidence, on its own and if left uncontroverted by the accused, shall be sufficient to establish all the elements of the crime or offense charged, and consequently warrant a conviction beyond reasonable doubt.”

The cases against Garin and others have been extensively discussed in the media and have become too politicized. The pursuit of truth and justice, however, remains. The burden of proof must still be met and overcome, and the importance of evidence cannot be over-emphasized.

Whatever happens in the next few days, let us not forget the deaths of the 170 children, as their families are probably still grieving. The statement of Vasquez to some extent gives comfort to the affected families. He said that the challenge for the lawyers now “is to craft a legal strategy” that would give assistance to the families of those who died.

Whatever strategy is taken, let us hope that the standard of evidence is met and the appropriate assistance to the families is given.