MANILA – The Sandiganbayan turned down former Department of Health (DOH) secretary and current Iloilo 1st District Rep. Janette Garin's motions seeking to dismiss the graft and illegal use of public funds cases against her and others in connection with the Dengvaxia vaccine controversy in 2015.
In its nine-page resolution dated Jan. 10 and released Thursday, the anti-graft court's Second Division denied the motions filed by Garin and her co-accused for the dismissal of the charges, which they claimed violated their constitutional right to a speedy disposition of cases.
"(T)he Court finds that the length of time spent by both the DOJ (Department of Justice) and the Office of the Ombudsman before issuing the resolutions that culminated in the filing of the cases in court is reasonable and acceptable," read the decision.
The Court ruled that the "investigations were not attended by vexatious, capricious and oppressive delays. Rather, the length of time spent in the investigation indicates that a careful examination and review of the evidence and documents were thoroughly undertaken before the cases were filed in court."
The court also dismissed the motions to quash and motions to dismiss filed separately by co-accused former DOH Undersecretaries Gerardo Bayugo and Kenneth Hartigan-Go, former DOH Officer-in-Charge Director Joyce Ducusin and former Philippine Childrens Medical Center executive director Julius Lecciones.
The charges involved the alleged “realignment” of PHP3.556 billion meant to augment the DOH's Expanded Program on Immunization (EPI), used to purchase Dengvaxia vaccines that were not part of the EPI at the time.
The transactions were made December 2015.
Garin had insisted on her innocence, claiming the charges were flawed and in violation of court rules that provide that a complaint must be charged only one offense. (PNA)
