Former Health chief Janette Garin | The Source

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A former Health secretary faces graft charges over the purchase of the controversial Dengvaxia vaccines.

Pinky Webb speaks with former Health chief and now Iloilo Rep. Janette Garin.

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00:00 You're watching the Source on CNN Philippines. I'm Pinky Webb. The ombudsman has filed graft
00:07 and technical malversation charges against a former health secretary over the controversial
00:12 school-based dengue vaccination program during the Aquino administration. The case against
00:17 Janet Garin and others were formally, or other officials, was lodged before the Sandigan
00:24 Bayan. The ombudsman says the respondents were involved in the realignment of the health
00:29 department's budget for the purchase and rollout of the Dengvaxia vaccines for public school
00:33 students. After vaccinating over 800,000 young students, the program was abruptly stopped
00:39 in late 2017 after vaccine maker Sanofi Pasteur announced Dengvaxia can lead to severe dengue
00:45 if the vaccinee has not caught the virus before the immunization. Let's go straight to the
00:50 source of this story, Iloilo City First District Representative Janet Garin. Congresswoman,
00:56 good to see you again. Welcome to the Source. Thank you for inviting me, Pinky. Good morning.
01:03 Okay, so this Dengvaxia controversy continues to hound you. I'd like to do my best, ma'am,
01:09 to break this down. The latest of which, in terms of the cases that you are facing, let's
01:15 begin with the latest one. This one coming from the ombudsman. It's graft and technical
01:21 malversation cases filed against you, and I believe it's for others, for what is supposed
01:26 to be being said as the unauthorized purchase of Dengvaxia. And a part of it says this,
01:35 "Willingly, unlawfully, and feloniously were responsible for the release of 3.57 billion
01:43 of public funds to increase the budget for the expanded program for immunization or EPI,
01:50 which were used for the purchase of Dengvaxia, which apparently or allegedly is not part
01:56 of the EPI." How do you respond to this, and how do you explain this, Congresswoman?
02:03 That is why, Pinky, it's better discussed in the courts, and we welcome this development.
02:09 Kasi sa tagal na na naka-file na ito. Naka-file, nag-dismiss. Meron na maibang pina-file ito
02:14 sa, and kinalat, no? Not only in the ombudsman, but other government agencies as well. And
02:21 that is why the filing before the Sandigan will be our first step to finally put an end
02:28 to this long-standing issue that has been haunting Filipino scientists, experts, and
02:33 vaccinologists. Now, the allegations of realignment is, of course, not true, and we'll prove that
02:40 in the proper venue, and that is the court. Kasi syempre, we have the complainants in
02:49 the office of the ombudsman. The presentation of everything, in the courts, I mean, when
02:54 you go to the court sa pagkakainting because of what lawyers are saying, that's the time
02:58 that the offices can be subpoenaed. DBM can actually be subpoenaed if indeed there was
03:04 a realignment or not.
03:07 And obviously, ma'am, DBM during the time of the Aquino administration, which would
03:15 be Secretary Butch Abad's time, hindi ho ba?
03:21 Yes, but the documents are still with DBM because as far as we are concerned, the source
03:26 of the augmentation of the immunization program was from the MPBF, or Miscellaneous Personnel
03:32 Benefit Fund. So it's a lump sum under the Office of the Department of Budget and Management
03:38 that can be used to augment programs that needs additional funds. So pagka naubos na
03:45 yung pondo ng pagbabakuna, and you need more vaccines, then DBM can augment not only immunization
03:53 but other programs as well. So the immunization program in the Department of Health, not only
03:59 during my one year of being the Secretary, but ever since, all throughout the several
04:05 decades that DOH has been in existence and has started immunization, the term or what
04:11 we call the bahay is actually called immunization. You don't specify the individual vaccines
04:16 there to give flexibility to the department because you can't predict the number of doses
04:21 or the number of vaccines that you will be needing. Outbreaks can happen, then you pull
04:25 out from that fund. In this case, and also you cannot buy a vaccine, that does not have
04:33 a CPR yet and has not been given an exemption from the PNBF or the Philippine National Drug
04:38 Formulary. And that is the reason why it's a lump sum encompassing all vaccines. So that's
04:44 why again, the best recourse for this to be discussed and finally laid down to rest is
04:50 the court so that all the scientific terminologies will be defined by experts, all the doctors
04:55 will be subpoenaed and presented properly.
04:59 But what is it? I hope you can explain this to us. Wendell Ombudsman was actually saying
05:06 that the Dengvaxia vaccines were not listed in that Volume 1 of the Philippine Drug Formulary
05:14 and have not secured an exemption from being listed in the Philippine Drug Formulary in
05:19 violation of an executive order supposed to be number 48. So in layman's terms for me,
05:26 it is not part of the medicine where this money should have been used because it was
05:34 not part of it, Dengvaxia was not part of it, and there was no exemption whatsoever.
05:39 Put it this way, these are two separate items, Pinky. The program under the budget is immunization.
05:53 So it's general, it's generic. I mean, it's a lump sum for all vaccines that the government
06:01 needs and the government will be needing. So it's for the regular immunization program.
06:06 It's also for vaccines that might be needed in certain circumstances like an outbreak
06:11 or calamities and other vaccines that will be developed during that year. So if that
06:19 funds will be depleted and you need more, DBM can augment that funds from the MPDF.
06:26 It's a lump sum under the DBM. So the DBM augmented the funds of the DOH simply because
06:33 they knew that we already didn't have budget for Dengvaxia. We were waiting for the compliance.
06:40 I mean, this program was announced by two secretaries. They started in 2005, 2010, announced
06:48 in 2014 by Asa Cubiao during that time and Secretary Ona. And now, the augmentation of
06:55 funds was released during my time. So with that development, the department implemented
07:02 the program and the SARO was very specific. The SARO says for the procurement of Dengue
07:08 vaccine in NCR, Region 3, and Region 4A. That's very specific. So what you're saying, the
07:16 PNDF is different. The Philippine National Drug Formulary is in compliance with the Generic's
07:21 law. Now, all devices, medicines, and vaccines that will be purchased by the government should
07:30 be in the PNDF, including local government units. Now, I mean, including the central
07:36 office. Now, the PNDF, the process of applying for that listing takes long. So what happens
07:42 in the Department of Health is that exemptions are being applied by the program director.
07:49 That happens in a lot of cases, like HIV medications, TB medications, cancer medicines, vaccines,
07:57 new devices. So this happens on a constant, weekly, monthly meeting, there are applications
08:04 for exemption. And in this case, Dengvaxia, Dengue vaccine, had a certificate of exemption
08:10 from the PNDF. My role there is to approve or disapprove the recommendation of the Formula
08:16 and Executive Council. And in this case, they recommended approval, which I did and I approved.
08:22 So again, your question is, was there an exemption? Yes. However, the matter by which this can
08:29 be presented is in the courts. Okay. Because the complainant of this case is Attorney Glenn
08:33 Chong. Now, his witnesses is Dr. Tony Lechon and Dr. Cairo, both of whom are not involved
08:43 in the implementation of the program, both of whom are not privy to the process by which
08:50 the program was initiated, then culminated during my time, then expanded and implemented
08:58 again by Secretary Ubyal and Secretary Duque. So it's better to put this in the court because
09:06 it's the best forum where all documents can be examined. And can be shown and presented.
09:13 So to summarize that, when we're talking about this PNDF, it's becoming a little too technical,
09:20 to be honest. Basically, you're saying that you were able to secure an exemption. Did
09:25 I understand that correctly for Dengvaksha? Yes. Okay. All right. Yes. So now we just
09:31 need to take a short break. We need to find out about the word realignment because this
09:37 was used. And I know from previous interviews, you said that there is a saddle for this.
09:45 Let's talk about that after the break. This is The Source on CNN Philippines. Please stay
09:48 tuned.
09:49 You're watching The Source on CNN Philippines. I'm Pinky Webb. Our source today, Iloilo City
09:58 First District Representative, Janet Garin. So Congresswoman, there is no question about
10:04 the money, 3.57 billion pesos, supposed to be for Dengvaksha. I hope I'm getting the
10:11 facts straight. So wala pong problema dyan. Ang nagiging problema, according to the ombudsman,
10:16 is that it was supposed to be part of the immunization program, which Dengvaksha was
10:20 not part of. But you were saying that there is an immunization program, an umbrella, to
10:25 which pag nagkulang po yung pera dito, pwede kayong humingi ng extra, where the DBM basically
10:31 augments this and gives the money to you. I hope I summarized that pretty clear enough
10:38 and accurate enough. Yes. So the issue is there is an immunization program, but there
10:43 is no specific Dengvaksha program. Correct. Now, the way it works, Pinky, in the Department
10:48 of Health, the immunization program is actually a line item that covers all vaccines for children,
10:55 the regular immunization program, vaccines for pregnant women, vaccines for senior citizens,
11:00 and new vaccines that will be developed in the course of the year. Kasama po yun don
11:04 sa line item, even the new vaccines that will be developed and may be approved. It's part
11:11 of that. Yes. Okay. Yeah, that's the description. You don't have an item, let's say, example,
11:18 sa budget ng Pilipinas, you don't put there polio vaccine, missiles vaccine, Japanese
11:23 encephalitis vaccine, hepatitis vaccine, because it will not give the department the flexibility
11:31 kung ito minsan nagmahal ang dollars, or there's like shortage, or there's like a calamity
11:36 and you immediately need to buy a certain or there's an outbreak. But Congresswoman,
11:42 I understand that. Hindi naman po pwedeng naka isa isa. That's impossible. Besides,
11:49 but in the immunization program, it clearly states there, basically, you're saying that
11:54 it can include new vaccines. Correct, ma'am? Yes, it covers for regular immunization, vaccines
12:05 for senior citizens, vaccines for pregnant women, and vaccines that may develop during
12:09 the course of the year. So that's very clear. All right. Now, let's talk about this word
12:15 realignment. Could you respond? Was there a realignment, ma'am? Or was it an added amount
12:27 in the form of a sorrow from the DBM, the Department of Budget and Management by then
12:33 Secretary Butch Abad, specifically for the purchase of Dengvaxia? Internally in the Department
12:42 of Health, we did not have any realignment. Okay, because the MPBF is a lump sum fund
12:50 that comes from the Department of Budget and Management. Now, I really, I hope you want
12:56 my pinky. I really want to answer all of the questions that I can answer. However, it's
13:01 best presented in the court. Because when you talk about realignment, like there's
13:11 a funding from a certain program, inside, within the Department of Health. Of course,
13:20 the documents will speak for itself that it did not happen because the funding came from
13:25 the Department of Budget and Management. And it was very clear. It was very specific
13:32 for the procurement of Dengvaxia. In fact, it was also very specific for regions, for
13:38 specific regions, NCR, Region 3 and Region 4A. So, maybe if, like, for example, we implemented
13:44 it in an area outside of the three areas, then maybe I need a lawyer. That could pose
13:50 a problem. That can be misconstrued as technical malversation. I see. I see. I understand.
13:54 In fact, I just raised that, Congresswoman, because this is something you've actually
13:57 said in the past, that you're countering this kind of argument saying that there was no
14:03 realignment of funds at the SARO, or the Special Allotment Release Order, from the DBM clearly
14:11 stated that it was for Dengue vaccines. As you mentioned a while ago, for Central Luzon,
14:16 Calabarzon, and NCR. This is something actually you've said in the past that I've come across
14:21 again and bringing it up now. And also, just to be clear, ma'am, apart from this, I believe
14:29 you have another case that you're facing. Please correct me if I'm wrong, before the
14:34 Quezon City Family Court. This is the one that's supposed to be filed by the DOJ.
14:41 Yes. Yeah, this is the case that's also filed by TAO. Yes. By Presidio Acosta. And the one,
14:48 yeah, and in this case, it was filed by the MPC, by D.B. Smith, it was refiled by D.B.
14:53 Smith. So it's good that the Supreme Court finally decided that all of these cases should
14:57 be handled by a family court. Because what happened before is, it was some sort of like
15:02 a harassment already, because scientists and doctors, you have to go around the whole country,
15:08 because it's different. And then there were, I believe there were, the biggest problem,
15:15 I believe, at the DOJ at that time was, there's a debate on who has the proper, I'm not sure,
15:22 the tech director, I don't know if the proper forum, but who is the proper court to handle
15:29 this? Because if you talk about genocide, if you talk about mass murder, then it doesn't
15:35 fall at the ICC. So those were the questions that caused the debate. So now, this is good
15:42 for us, because in the RTC, actually the public attorney's office has already presented their
15:48 alleged expert witnesses. So that was Dr. Cairo, Tolly Lechon, and Erfe. And then now
15:58 in the Sandigan Bayan, once it starts, they can also present their witness, para ma-rebut
16:04 naman namin at ma-presenta namin yung mga eksperto, ma-presenta namin yung mga dokumento,
16:09 similar to what's happening in the RTC. So bottom line is, this is actually good, because
16:15 it will put an end, once and for all, to the dengue vaccine issue. Because the dengue vaccine
16:20 issue did not only affect the Philippines, did not only affect dengue vaccine, it has
16:26 affected the global immunization coverage, because that is really expected, that's how
16:32 it happens. When you hit or demonize a certain vaccine, it affects the whole vaccination
16:38 process, not only in your country, but the entire global community. You remember the
16:43 missiles and the autism issue in the US, which was proven wrong. The lawyers, natangalan
16:48 ng lisensya, yung doktor natangalan ng lisensya. But the impact of that misinformation or fake
16:53 news spread like fire globally, including the Philippines, kaya marami ang hindi nagpabakuna,
16:59 marami ang namatay. In this case, it's very clear. Dengue has no cure, dengue kills, the
17:06 Philippines is the exporter of dengue throughout the whole world. Mutations are constantly
17:12 happening in the Philippines. And when we talk about vaccination, there are four primary
17:17 purposes. First, to zero deaths. Second, avoid severe cases. Third, avoid hospitalization.
17:24 And fourth, avoid further mutation. And that is why it was supposed to be our global responsibility
17:30 to help solve this problem. Now we are in this situation, the Philippines has been a
17:36 laughingstock in the whole world because it's the only country to stop the vaccination program
17:40 without scientific means. It's continuing in other countries, kaya nga dapat matuldukan
17:46 na ito. So the best venue that all of this will be discussed is in the courts.
17:52 The courts, yes. All right. Maraming salamat po sa inyo. Iloilo City First District Representative
17:56 Janet Grint, thank you. And thank you for joining us here on The Source. I'm Pinky Webb.
18:01 You're watching CNN Philippines.
18:02 [MUSIC PLAYING]

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