Motions to dismiss Dengvaxia case junked

Junked Motions to Dismiss Dengvaxia Case Rejected in Landmark Ruling

A Quezon City trial court judge has rejected the petitions filed by former 
Health Secretary Janette Garin and her co-accused to dismiss the Dengvaxia 
case.

The Ruling

On April 28, 2026, Judge Michael Ken de Jesus of Regional Trial Court Branc
Branch 102 denied several motions to quash filed by the defense lawyers for
for lack of merit. In his order, de Jesus stated that the attempt to shoeho
shoehorn the Dengvaxia mass immunization program into the narrow confines o
of the Ivler doctrine is factually unavailing and legally untenable.

The Defense's Argument

The defense panel had argued that the 35 cases being handled by de Jesus we
were no different from the first batch of eight cases which were earlier di
dismissed by another family court judge, hence, their claim of double jeopa
jeopardy. They claimed that the mass immunization program was singular and 
that the rule against double jeopardy should apply.

The Prosecution's Response

However, the prosecution panel insisted that the cases were separate and di
distinct as the over 100 children who died after being vaccinated with the 
anti-dengue vaccine had different medical conditions.

Ivler Doctrine Rejected

Judge de Jesus rejected the defense's argument by illustrating the glaring
glaring factual difference between a vehicular collision in the Jason Ivl
Ivler v. Modesto-San Pedro case and multiple, distinct acts of medical inoc
inoculation in the Dengvaxia case. He noted that while the policy of mass v
vaccination was singular, the proximate acts of negligence, such as the all
alleged indiscriminate administration of the vaccine without proper screeni
screening, were repeatedly committed with every individual injection.

The Significance

De Jesus acknowledged that the rule against double jeopardy was intended to
to protect an accused from vexatious and repetitive prosecutions. However, 
he emphasized that this doctrine was never meant to serve as a shield again
against accountability for separate acts of negligence committed against di
different victims at different times.

Concluding Remarks

In his ruling, de Jesus emphasized that a motion to quash is not a substitu
substitute for a full-blown trial on the merits, where evidence must be rig
rigorously tested. He rejected the defense's attempt to use the Ivler doctr
doctrine as a means of dismissing the case and instead allowed the prosecut
prosecution to proceed.

The Vaccine's Troubled History

The vaccine, procured by the Department of Health for P3.5 billion for a na
nationwide jab campaign in 2015, was not evaluated thoroughly for safety an
and efficacy, leading to the deaths of many children, according to findings
findings from several health experts and the Forensics Laboratory Division 
of the Public Attorney's Office (PAO).

The Road Ahead

Under the leadership of Persida Rueda-Acosta, PAO provided legal assistance
assistance to the parents and relatives belonging to the Samahan ng mga Mag
Magulang ang mga Anak ay Biktima ng Dengvaxia, particularly in the civil ca
cases. With this ruling, the prosecution can now proceed with its case agai
against those responsible for the tragic consequences of the Dengvaxia vacc
vaccine program.

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Edward Lance Arellano Lorilla

CEO / Co-Founder

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