BREAKING: QC COURT JUDGE REFUSES DISMISSAL: DENGVAXlA CASE, FULL-BLOWN TRIAL CONTINUES
The long-controversial case related to DENGVAXlA is moving forward to a more thorough trial after a judge in Quezon City rejected the motions to dismiss the case filed by the defense, including former Health Secretary and now Iloilo Rep. Janette Garin.
In a decree issued on April 28, 2026, RTC Branch 102 Judge Michael Ken de Jesus said that the motions to dismiss the case were not sufficiently grounded, including the defense’s argument regarding “double jeopardy.” ”
According to the judge:
“In sum, the attempt to shoehorn the DENGVAXlA mass immunization program into the narrow confines of the Ivler doctrine is factually unavailing and legally untenable.”
(“In general, the attempt to include the DENGVAXlA mass immunization program within the narrow scope of the Ivler doctrine is insufficiently grounded and unacceptable by law.” ”)
The defense insisted that the 35 cases being held by the court were just the same as the previous eight cases that were dismissed, so they should not be revoked. But the prosecution didn't approve of it.
Prosecution explanation, each case is separate because the over 100 children who died had different conditions and situations—a point the judge pointed out.
de Jesus even emphasized the significant difference between the DENGVAXlA case and the so-called Ivler doctrine:
“The doctrine was never meant to serve as a shield against accountability for separate acts of negligence committed against different victims at different times.”
(“This doctrine is not intended to serve as a shield against accountability for separate negligence committed against various victims at different times. ”)
The judge also explained that the “motion to quash” was not the right venue to weigh evidence or determine the cause of the quash—things that should allegedly be discussed at the trial itself.
“That must be rigorously tested during a full-blown trial on the merits.”
(“This should be thoroughly examined in a full, evidence-based trial. ”)
Remember that the DENGVAXlA vaccine was purchased by the Department of Health for ₱3.5 billion in 2015 for the extensive immunization program. But later, allegations floated that it was not adequately checked for safety, allegedly resulting in the death of several children—based on a report by health experts and the PAO Forensic Laboratory.
Besides Garin, the accused include some officials of Sanofi Pasteur, Zuellig Pharma, and other medical institutions.
They are facing charges of reckless imprudence resulting in homicide, in addition to civil cases filed by the families of the victims, assisted by the Public Attorney’s Office under the leadership of Atty. Persida Wheel-Acosta.
With this court ruling, it’s clear that the next phase of the case will be a full-blown trial—where all evidence will be laid out and examined in one of the country’s biggest health controversies.
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