Libel case preliminary hearing vs Ubial, Cruz postponed

ILOILO CITY, Philippines — The scheduled preliminary investigation on the libel case filed by Iloilo Representative Oscar “Richard” Garin Jr. and his wife, former Health Secretary Janette Garin, did not push through, as scheduled on March 20.

Richard filed a case against former Health Secretary Paulyn Jean Ubial for libel punishable under Article 353 of the Revised Penal Code and/or violation of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012.

The case was filed before the Iloilo Provincial Prosecution Office on January 26, 2018, when Janette also slapped a similar charge against Ubial's consultant, Dr. Francisco Cruz.

Both cases were raffled to Radney Garcia, associate prosecution attorney II, who received these on February 9. He however said a lawyer for Ubial asked to reset the preliminary hearing from March 20 to April 12. On the other hand, a representative of Cruz filed a motion for a 15-day extension to file a counter affidavit

In the absence of formal entry of appearance of lawyers representing the Garins and the respondents, Garcia said they could not reveal their identities. "We usually grant the extension since both respondents are not from here," he said.

Richard filed a case against Ubial after the latter claimed that the congressman allegedly pressured her to buy more Dengvaxia vaccine and allocate budget for it in 2018. It was during the incumbency of Janette in the DOH when the controversial P3.5 billion anti-dengue vaccination program using Dengvaxia was implemented.

Janette sued Cruz for claiming of an alleged "mafia" in the DOH, and that Janette and at least 17 other incumbent and former officials profited from the government's dengue vaccine program.

Almost a month after filing the said case, Janette again filed another libel cases against Ubial, Cruz, health advocate Anthony Leachon, and former Department of Health (DOH) Undersecretary Teodoro Herbosa.

Garcia also handles these cases, but said he is yet to issue a subpoena against the respondents.

Janette earlier said the respondents have been persistently maligning “not only me but other officials of the DOH.”

She said: "My conscience is clear. Walang problema if we will be investigated, but it is a mortal sin to use these issues to confuse the public and in effect the public health program."

But the problem here, she added, is there are many children and mothers who are afraid to go into vaccination because the immunization program is being tainted. She said her lawyers are now studying other possible charges.