Sen. Richard Gordon on Wednesday said he would recommend possible criminal charges against former President Benigno Aquino III, former Health Secretary Janette Garin and former Budget Secretary Florencio Abad, who, according to him, were all responsible for the Dengvaxia fiasco.
Among the possible charges, Gordon told reporters, are serious physical injuries through reckless imprudence, graft and corruption and violation of the code of conduct and ethical standards for public officials and employees, arising from the procurement of Dengvaxia, a dengue vaccine, for use in a mass immunization program that turned into a disaster.
The immunization program was implemented during the last few months of the Aquino administration in 2016 but was continued by the Duterte administration until it was canceled last December after the drug maker, the French pharmaceutical giant Sanofi Pasteur disclosed the results of analysis that showed Dengvaxia worsened symptoms in vaccinated people who had no previous exposure to the dengue virus.
The immunization campaign was carried out during an election year, a violation of elections law, according to the Volunteers Against Crime and Corruption (VACC), which brought charges against the three former officials and 17 former and current officials of the Department of Health (DOH) in the Commission on Elections (Comelec).
Can’t be just Garin
Aquino, Garin and Abad will be at the Comelec on Thursday for the first hearing on the case.
More than 830,000 schoolchildren, aged 9 and 10, had been given the vaccine by the time the campaign was halted.
Many of the children fell ill, some had died but none of the deaths had been proven to have been directly caused by Dengvaxia.
“[Aquino] has liability. I cannot exempt [him],” Gordon said, noting that he could not say it was just Garin who was behind the immunization campaign.
Gordon said it was impossible that Garin was able to release P3.5 billion to purchase the vaccines without the former President.
“She cannot, so the former President, [however] you look at it, is included [in the recommendation to bring charges],” he added.
The Senate blue ribbon committee and health committee concluded their joint inquiry into the Dengvaxia controversy on Tuesday.
Gordon said he was rushing his report so it could be released before March 20. Congress goes on a Lenten break starting that day.
Speaking to reporters on Wednesday, Gordon said his recommendation of graft and corruption charges against Aquino was due to his entering into a contract with Sanofi that was “disadvantageous to the government.”
The charge of violation of the ethics code against Aquino, he said, has to do with the former President’s seeing Sanofi officials, which gives rise to perception that he negotiated the contract.
No comment
Aquino had no immediate comment on Gordon’s statements. Neither had he commented on the VACC complaint.
Abad told the Inquirer by phone that his name did not appear in the VACC complaint so he was wondering why he was summoned to the Comelec hearing.
As for Gordon’s announcement, Abad said he and Aquino “never had the chance to explain” fully the procurement process in the Senate.
The Senate hearing on procurement last December saw Gordon in a monologue, Abad said, so that he and Aquino were unable to say anything.
In the House of Representatives inquiry, Abad said he was able to explain that “it was clear” the miscellaneous personnel benefits fund was a “legitimate source” of the P3.5 billion spent for the purchase of Dengvaxia supplies.
Ubial, too
Gordon said former Health Secretary Paulyn Ubial would likely be included among those he would recommend to be charged because she continued the immunization program for the Duterte administration.
Ubial, however, did so “under duress,” he said.
Gordon said Ubial could be charged with serious physical injuries through reckless imprudence.
As for Sanofi, Gordon said he would recommend the same serious physical injuries charge but if it was proven that there were deaths due to Dengvaxia, the charge would be homicide. —WITH REPORTS FROM NIKKO DIZON AND JEROME ANING