A Quezon City trial court judge assured parties Wednesday that he will “soon” issue a ruling on the defense panel’s claim that civil cases seeking damages for Dengvaxia-related deaths have already expired under the statute of limitations.

Judge Manuel Sta. Cruz Jr. of the Quezon City Regional Trial Court-Branch 226 made the assurance as he postponed the scheduled pre-trial proceedings.

The delay is intended to resolve the affirmative defense raised by lawyers for the accused, particularly the vaccine distributor, Zuellig Pharma.

An affirmative defense is a legal strategy that, if proven credible, can negate liability even if the alleged acts were committed.

Defense lawyers argued that the civil case for damages with reckless imprudence has a prescriptive period of only four years, and since the time limit has passed since the inoculations were administered, the 163 civil cases should be dismissed.

However, the Public Attorney’s Office (PAO), representing the parents and relatives of the children whose deaths were linked to the banned anti-dengue vaccine, argued the cases are still valid.

“From the defense, they said it has already prescribed as they based their argument on the period when the inoculation was made. But in our end, it’s four years after death or after the results of the forensic examinations,” said Deputy Chief Public Attorney Ana Lisa Soriano and PAO-National Capital Region director Atty. Evelyn Ramos-Dacpano outside the courtroom.

The judge assured the parties he would rule on the affirmative defense before commencing the pre-trial. The court also ordered that summons for all 163 cases be addressed directly to the respective counsels to prevent further delays in service.

The court began setting hearings after the Court of Appeals (CA) reaffirmed a 16 July resolution favoring the QC-RTC’s ruling to consolidate the Dengvaxia civil cases into one family court. The CA said that consolidation aims to avoid multiple suits and attain justice with minimal expense and delays.