Garin, 4 others cleared in P3-B Dengvaxia deal

MANILA, Philippines — The Sandiganbayan Special Second Division on Tuesday acquitted Iloilo Rep. Janette Garin of graft and technical malversation charges over the allegedly anomalous procurement of P3.5 billion worth of Dengvaxia antidengue vaccines in 2015, when she was the Department of Health (DOH) secretary.

Aside from Garin, also acquitted were former Health Undersecretaries Gerardo Bayugo and Kenneth Hartigan-Go, ex-DOH officer-in-charge Maria Joyce Ducusin and former Philippine Children’s Medical Center executive director Julius Lecciones.

In a 43-page decision penned by Associate Justice Edgardo Caldona, the court said the prosecution failed to prove the accused “were driven by [a] fraudulent and dishonest purpose” to request from then President Benigno “Noynoy” Aquino III the implementation of the DOH vaccination program.

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READ: DOJ drops Dengvaxia cases vs Garin, 2 others

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“After sifting through the voluminous documents and extensive testimonies of witnesses, the Court is not convinced that the accused committed bad faith in causing the purchase of Dengvaxia vaccines,” it added.

“Significantly, the witnesses from the [Commission on Audit] confirmed that no public funds were missing resulting from the procurement of the said dengue vaccine,” the court said.

It further said the case did not satisfy all elements of malversation, particularly the third element which involves applying public funds or property to a public use different from their specific legal appropriation.

The P3.5-billion fund was originally intended for the 2015 Miscellaneous Personnel Benefits Fund (MPBF) and Aquino, through the Department of Budget and Management, caused the augmentation of funds from the MPBF to purchase the vaccines.

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The court, however, said that Aquino’s move had a basis in law. “In the final analysis, the one who caused the application of the savings from the 2015 MPBF to the purchase of dengue vaccine was none other than the President, and not accused Garin,” it noted. “The buck stops with the President, so to speak, and not with the member of his Cabinet.”

Pending cases

“We are glad. This is a win not [only] for me, but for our scientists and public health experts,” Garin, who had attended the promulgation, said in an interview afterward.

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“We have nothing to hide, we did not get even a single peso from vaccinations,” she added. “We will not be deterred by the cases because we know we did nothing wrong.”

Garin still faces civil cases and a new case filed by the Public Attorney’s Office (PAO) before the Department of Justice (DOJ).

The Sandiganbayan case against the accused was filed in 2023 by the Office of the Ombudsman. Except for Bayugo, they were also charged with violation of Article 220 of the Revised Penal Code or the illegal use of public funds or property.

The vaccination program came under fire by the Duterte administration after the deaths of several children who had been inoculated.

Garin and Aquino had maintained that the deaths were not caused by the vaccines, contrary to the PAO position.

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In January 2025, the DOJ ordered the withdrawal of 98 cases of reckless imprudence resulting in homicide against Garin, Bayugo and Ducusin. It said it could not be established that there was any “causal link” between the vaccination and the subsequent deaths of the children. /cb