Case Digest (A.C. No. 2474) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In December 2017, 74 children inoculated with Dengvaxia and represented by their parents, joined by concerned citizens and legislators, filed a Petition for a Writ of Continuing Mandamus directly before the Supreme Court against Dr. Francisco Duque III (DOH Secretary), Dr. Lyndon Lee Suy (Program Director, DOH–NCDC), Nela Charade G. Puno, RPh (FDA Director General), Hon. Leonor Magtolis Briones (DepEd Secretary), and Hon. Catalino S. Cuy (OIC, DILG). They challenged the Department of Health’s school-based dengue immunization program (2016), under which the DOH procured 3 million doses of Dengvaxia via a P3.5 billion Special Allotment Release Order, exempted it from National Formulary review, and vaccinated elementary students nine years old and above in NCR, Regions III and IV-A (later expanded to Cebu). After safety concerns emerged—culminating in Sanofi Pasteur’s November 2017 advisory that the vaccine benefits only seropositive recipients—the program was suspended on December Case Digest (A.C. No. 2474) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties
- Petitioners
- Seventy-four (74) children who received the Dengvaxia vaccine, represented by their parents
- Additional petitioners suing as concerned citizens, taxpayers, and legislators, including Gabriela, ARCS SEA officers, and three legislators
- Respondents
- Dr. Francisco T. Duque III, Secretary of Health
- Dr. Lyndon L. Lee Suy, DOH National Center for Disease Prevention & Control Director
- Nela Charade G. Puno, RPh, FDA Director General
- Hon. Leonor Magtolis Briones, Secretary of Education
- Hon. Catalino S. Cuy, Officer-in-Charge, Department of Interior & Local Government
- Dengvaxia Immunization Program Timeline
- Program Inception and Rollout (Dec 2015–Feb 2016)
- Dec 2015: DOH Sec. Janette Garin meets Sanofi Pasteur at Paris Climate Summit; proposes procurement of 3 million doses
- FDA approves Dengvaxia; DBM releases ₱3.5 billion SAO; PCCM procures 600,000 vials; program launched in NCR, Region III, Region IV-A for public elementary students aged nine and above
- Suspension, Advisory, and Petition (Jul 2016–Feb 2020)
- Jul 2016: Sec. Ubial suspends program on safety grounds; later lifts suspension and expands to Cebu
- Nov 2017: Sanofi advisory warns seronegative recipients risk severe disease; Dec 1, 2017: Sec. Duque suspends program; FDA halts sale/distribution
- Dec 2017: Petition for Writ of Continuing Mandamus filed with SC; parties exchange comments and memoranda; SC resolutions issued through Feb 2020
Issues:
- Do petitioners have legal standing to file the Petition?
- Is this direct Petition an exception to the doctrine of hierarchy of courts?
- Are petitioners entitled to a writ of continuing mandamus, and would its issuance violate separation of powers?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)