Quality control judge recuse himself from Dengvaxia cases

AFTER issuing a verdict dismissing the initial batch of eight cases involving the dengue vaccine Dengvaxia, a Quezon City judge has recused himself from handling the remaining 35 cases.

Judge Cleto Villacorta III of Branch 229 of the Regional Trial Court issued an order dated Aug. 22, a copy of which was obtained by The Manila Times, recusing himself from other Dengvaxia cases.

“It is useless for me and for this branch to continue to hear the eight cases and then try the next 35 cases before trial,” he said.

“If the only way to resolve these cases is for another branch to reach an agreement with the prosecution until the end and the means to achieve this is for all these cases to be re-drafted, then that is what it is,” Villacorta said.

He said the justice system does not operate on the premise of coercion and forced consent, and is based on the trust of litigants in government officials who run the system.

“If that trust disappears, the basis of authority that founded this system and my own authority as a minor player in this scheme also crumbles, this event signals the end of what is,” Villacorta said.

The panel of prosecutors led by City Attorney Vimar Barcellano and Deputy District Attorney Irene Resurrección-Medrano filed the motion to disqualify Villacorta, saying his “selective” attitude led to his “failure to consider the prosecution’s evidence in its entirety.”

The panel questioned his decision to reject vital witnesses, in particular Dr. Erwin Erfe and Dr. Tony Leachon, whom he deemed unqualified as expert witnesses.

“With all due respect, the honorable judge decided to turn a blind eye to the overwhelming evidence presented to prove that all children were inoculated with the Dengvaxia vaccine; and despite Sanofi Pasteur Inc.’s (vaccine manufacturer) admission of the identified risks associated with Dengvaxia, which are consistent with Dr. Erfe’s findings,” Barcellano and Resurrección-Medrano said.

They said Villacorta “unjustifiably” overturned the previous judge’s decision on the expertise of the prosecution’s expert witnesses.

“The prosecution has serious doubts as to whether the honourable judge will remain neutral in assessing the evidence when he has already taken his position on crucial issues of the case,” the prosecutors said.

They also cited doubts from parents of Dengvaxia victims about Villacorta’s fairness and impartiality.

Prosecutors said the recusal would be the best way to “give the prosecution the opportunity to present its evidence before a magistrate who is not only fair and impartial, but who actually appears, beyond any doubt, to be fair and impartial.”

Villacorta earlier dismissed all eight criminal charges against former Health Secretary and now Iloilo Rep. Janette Garin and her co-defendants, ruling that the prosecution’s evidence against them was insufficient.