MANILA - The Public Attorney's Office is studying the possibility of upgrading Dengvaxia complaints from reckless imprudence resulting in multiple homicide to murder, its chief said Monday.

In its reply filed before the Department of Justice, the office cited a 2014 study by the Research Institute for Tropical Medicine that Dengvaxia had "serious adverse effects," including death, PAO Chief Persida Acosta said.

"Kung alam nila na nakamamatay ang Dengvaxia, hindi lang kapabayaan ito. Ito ay isang murder, " she told reporters at the Department of Justice after the hearing on the second batch of complaints.

PAO lawyers were given a week to study who among the respondents in the first and third batches of their complaints should face murder charges, said Acosta.

Acosta says she has given her lawyers 1 week to study upgrading of Dengvaxia complaints to murder. pic.twitter.com/1N6l3rtWWd

— Mike Navallo (@mikenavallo) November 5, 2018

Though both murder and homicide have an element of an "intent to kill," for a case to qualify as murder, it must be attended by any of the qualifying circumstance under the Revised Penal Code such as treachery, cruelty, or evident premeditation.

"Merong intention, alam mo nang nakamamatay yung bakuna, bakit mo pa ituturok? May notice ka na na may serious adverse effects yan, may notice ka na na may namatay dyan," said Acosta.

INVESTIGATION CONTINUES

Twenty-eight of 38 respondents in the second batch of complaints have so far submitted their counter-affidavits while 1 has submitted an advance copy pending submission of consularized copy.

Another respondent, Maria Rosario Capeding, Head of the Microbiology Department and Dengue Study Group at the RITM, who conducted clinical trials on the Dengvaxia vaccine, is expected to submit her counter-affidavit on Tuesday.

Other respondents who are based abroad are given until November 15 to submit consularized affidavits or advance copies.

Some Sanofi respondents and former Zuellig employees asked for more time to file consularized/advance copies counter-affidavits since they are based outside the country. They are given until Nov 15 to comply. pic.twitter.com/AKQgdKuhlP

— Mike Navallo (@mikenavallo) November 5, 2018

Former Health Secretary Janette Garin submitted her counter-affidavit without appearing during the preliminary investigation.

Senior Assistant State Prosecutor Susan Dacanay, head of the DOJ panel of prosecutors, said Garin subscribed to her counter-affidavit before a member of the DOJ panel on Monday morning.

Acosta questioned Garin's absence but the panel cut short Acosta's objection and instead gave PAO until November 15 to file its reply.

PAO also filed complainants' reply to the counter-affidavits earlier submitted. Respondents have until November 15 to file their rejoinder.