Judge resets pre-trial of Dengvaxia case

Judge Resets Pre-Trial of Dengvaxia Cases A Delicate Balance Between Defense and Prosecution

In a move that has sent ripples through the legal community, Judge Manuel Sta. Cruz Jr. of the Regional Trial Court-Branch 226 has decided to reset the pre-trial proceedings of the Dengvaxia civil cases. This decision comes after the defense team claimed that their legal period had already expired.

The Defense's Affirmative Argument

According to the defense lawyers, the charges against Zuellig Pharma and other accused parties have already lapsed due to the four-year prescriptive period for civil cases involving damages with reckless imprudence. They argued that these cases should be dismissed as a result.

Prosecution Pushes Back Against Dismissal

However, the Public Attorney's Office (PAO), which handles 163 civil cases filed by parents and relatives of children whose deaths were linked to the banned anti-dengue vaccine, disagrees with the defense. Deputy Chief Public Attorney Ana Lisa Soriano and Evelyn Ramos-Dacpano, PAO-National Capital Region director, told Judge Cruz that the cases have not prescribed.

The Key Issue at Hand

At the heart of this matter is the question of whether the prescriptive period should be calculated from the date of inoculation or from the date of death or forensic examination results. The defense advocates for the former, while the prosecution maintains that it's the latter.

Judge Cruz Delays Pre-Trial Proceedings

To resolve this issue, Judge Cruz has decided to reset the pre-trial proceedings. He assured all parties that he would soon begin the pre-trial process, which will involve resolving the affirmative defense raised by the defense lawyers.

A Major Setback for Families

For families who have been waiting patiently for justice, this delay is a significant setback. At least six parents and relatives waited outside the courtroom only to be told that the pre-trial had been reset anew. They were left wondering when they would finally get their day in court.

The Delicate Balance Between Defense and Prosecution

The judge's decision highlights the delicate balance between the defense and prosecution in this case. Both sides have strong arguments, and it remains to be seen how Judge Cruz will ultimately rule. One thing is certain the families affected by the Dengvaxia vaccine scandal are eager for a resolution.

What Lies Ahead?

The pre-trial proceedings will now resume once Judge Cruz has ruled on the affirmative defense. In the meantime, summons for all 163 cases will be served to the respective counsels from opposing parties. Only then can the pre-trial proceed without further delay.

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