Presidential Legal Counsel Salvador Panelo on Wednesday said the order of President Rodrigo Duterte to arrest those who would refuse to get vaccinated is legal as he cited an article from the Constitution.
In a statement, Panelo cited Article 2, Sections 5 and 15 of the Constitution which states that “the maintenance of peace and order, the protection of life, and the promotion of the general welfare, among others, are essential to democracy," and that the State should “protect and promote the right to health of the people and instill health consciousness among them."
"We are in a state of national emergency due to the deathly pandemic. Drastic times demand for drastic measures. The Constitution has given sufficient authority to the government to manage the crisis as it work vigorously towards achieving herd immunity," his statement read.
However, this contradicts the recent remark of Justice Secretary Menardo Guevarra who said that Duterte, who is also a lawyer, is aware that getting a vaccine is a legal choice.
"As a lawyer, he knows that not getting vaccinated is a legal choice; there is no law as yet that compels vaccination against COVID-19, much less criminalizes it, as presently available vaccines are still in their trial phases," Guevarra said.
Panelo, meanwhile, said the President's order is not without any constitutional basis.
"The order of the President is not without any constitutional basis. Constitutional provisions on public health, by themselves, are operative and need no subsequent legislation for their enforcement," he said.
Panelo also mentioned the Supreme Court ruling on the 2014 case of Imbong v. Ochoa questioning the legality of the Reproductive Health law wherein the High Court ruled that the provisions of the Constitution relating to the promotion of health are self-executory and do not require any enabling law.
“Individual choice or liberties are to be respected but the security of the nation is paramount. Hence, its survival must be fiercely protected,” he continued.
On Monday, a seemingly agitated Duterte threatened to jail people who refuse to be vaccinated against the coronavirus as the Philippines battles one of Asia’s worst outbreaks, with over 1.3 million cases and more than 23,000 deaths.
“You choose, vaccine, or I will have you jailed,” Duterte said in a televised address on Monday following reports of low turnouts at several vaccination sites in the capital Manila.
Duterte’s remarks contradict those of his health officials who have said that while people are urged to receive the COVID-19 vaccine, it was voluntary.
“Don’t get me wrong, there is a crisis in this country,” Duterte said. “I’m just exasperated by Filipinos not heeding the government.”
