By Christine Fabro
Chief Presidential Legal Counsel Salvader Panelo on Wednesday (June 23) said the President’s order to arrest those who opt against inoculation has drawn various contrary opinions, with some claiming that there is no legal basis to effect the pronounced policy.
In his public address on Monday (June 21), President Rodrigo Duterte warned about arresting those who choose not to receive a jab, as the vaccine is the only solution to stop the spread of the virus.
Panelo explained: “Some claim there is no legal basis to effect the pronounced policy, while others argue that the underlying issue is not jab hesitancy but the supply of vaccines. Certain quarters contend that the approach must be science-based and not fear-based as engendered by government intimidation.”
He said that in dealing with persons who refuse to be inoculated with the COVID-19 vaccine, “drastic times demand for drastic measures.”
“The Constitution has given sufficient authority to the government to manage the crisis even as it works vigorously towards achieving herd immunity while our people look forward to reaching it,” Panelo added.
While the President’s order has no constitutional basis, Panelo cited Article II, Section 4 of the Constitution, which states that “the prime duty of the government is to serve and protect the people.”
Section 15 of the same Article mandates the State to “protect and promote the right to health of the people and instill health consciousness among them.”
Presidential Spokesperson Harry Roque emphasized that the government has the power to require vaccination, but a law must be created for the matter, adding that Malacañang may ask Congress to pass a measure that would make COVID-19 vaccination mandatory.
“Kasama po iyan sa tinatawag na ‘police power of the state.’ At alam naman natin na mayroon nang mga desisyon na kinilala talaga na pagdating po sa isang emergency, dahil po sa isang pandemic, talaga namang kikilalanin ng hukuman iyong primacy po,” he said in a public briefing on Monday (June 21).
However, Roque said that due to the public’s positive response to the national vaccination program, the use of the “iron fist of the law to compel vaccination” is not likely to interfere with the government’s vaccination efforts.
“Sabihin na lang po natin na mensahe lang po ng Presidente iyan na isang public emergency sa isang pandemya. Kinakailangan talagang kilalanin iyong inherent police power ng estado para pangalagaan ang kalusugan ng lahat,” Roque said. – jlo
Read more: PRRD warns public vs. Delta variant
