siffiara - -.i:;t!
THURsDAY MARCH uZ,ZOZO I
QC court to hear damage suit vs. Garin
Bv Rev E. Requeio
aird nio N. Ar'aja
THE Quezon City Regional Trial Court
has junked the bid of former Health Sec-
rctary and now Congresswoman Janet
Gadn to dismiss the damage suit against
h€r, fui coonection with the contovercial
Dengvaxia vaccine.
In an order released on Wednesday, the
Quezon City RTC Branch 230 denied the
motion to dismiss filed by Garin regard-
ing the civil damage suit for lack ofjuris-
diction on ground rhat Done oftbe parties
reside in the city.
Garin also argued that the complaint
against her failed to state any cause of
acr.ioD ro justiS, a claim for damages.
However, the lower court declared
that urder the rules, the plaintiff, in this
case, TanL. Colite, a security guard lrom
Cavite has the prerogative to ahoose the
venue where the case will be filed.
"Prescinding therefiom, the court finds
the venue properly laid by the plaintiff
when he chose to file the imtant com-
plaint in this court by reason of the resl- late Zandro Colite, also failed to establish
dence of one of the impleaded defendants sufrcient basis to claim'for damages.
which he considers as a principal defen- "As to the ground of failure to state
dant," the RTC order stated. a cause of action, plaintiff Ian L. Colite
The court was referring to dcfendant posirs that by raiiing the same. Dr. Janet
Zuellis. tbe local distributor of Sanofi L. Carin, hypothetically admits lbe fact
Pasteu-r, tbe manufacturer of lhe vaccine. as stated in the Complaint and their li-
Colite's son received two doses of the abilities in the case at bar," Loja-Pang-
vaccine whb died in December 2017. ilinan said.
With regaxd to the cause of action, the "Upon p€rusal of the Complaint, the
court ruled that it is sufficient to proceed Court finds the allegations in the Com-
withthetrial. - \ ' plaint sufficient to constitute a cause of
'Upon perusal of the Complaint, the action, and defendant's averments as
Court finds the allegations in the com- merely directed [o the vemcity and cor-
plaint sufficient to constitute a cause of rectness of tbe allegations found there-
action..,it is inc{rmbent upon the cowt to in," the order read.
denv the insktrl motion to dismiss and "WHEREFORE, premises considered,
proieed to trial to prove the delense of defendant Dr. Janet L. Gadn's Motion to
Lerein defendant. Thus, this court should Dismiss is hereby DENIED," it stated.
still proceed with the determination of 'lhe l1-year-old victim from [mus.
the principal action so that an adjudica- cavite died on Dec. 27. 2017 less than
tion of the rights of the parties car be 24 hours after feeling tle sy4rptoms of
had," the court said, severe dengue.
Thc RTC gave Carin 15 days to com- He received three doses of the anti-
ment on the civil suit. dengue vaccine ir June 2016, January
Garin aryued that Ian Colite, father ofthe 2017 and June 2017.
t Prqt,<, t n"