Senator Francis Tolentino on Sunday expressed support to President Rodrigo Duterte's directive to restrain the movement of unvaccinated individuals, but said that it needs more explanation.
"Ang take ko po rito, tama po yung direktiba kaya lang kailangan po siguro ng mas malalim pang pagpapaliwanag," Tolentino, who is also the chair of the Senate Committee on Local Government, told DZRH in an interview.
(My take here is: the directive is correct but I think it needs deeper explanation.)
The senator added that as the country remains under State of Calamity due to the COVID-19 pandemic, it is important to recognize the power of the executive branch and the president.
"Kailangan pong kilalanin 'yung karapatang ng ehekutibo, lalo na yung pangulo, na magbigay ng mga panuntunan para maprotektahan ang kalusugan ng ating lipunan," he said.
(We need to recognize the right of the executive, especially the president, to issue orders to protect the health of society.)
"Ito po ay bahagi ng police power, na kinikilala rin po at nakasaad sa Saligang Batas," he added.
(This is part of police power, which is also recognized and stated in the Constitution.)
He made the remarks as groups, including the Commission on Human Rights (CHR), urged caution on Duterte's recent directive.
"Presently, there is no law that makes being unvaccinated a crime, nor is there any law that would satisfy the Constitutional provision on curtailing freedom of movement. Any arrest made on these grounds may be illegal; thus, violative of the Constitution and our guaranteed human rights," the CHR said in a statement.
But according to Tolentino, the CHR should remember the Constitution and the International Covenant on Civil and Political Rights, which was also signed by the country.
"Nakalagay po dun, during state of public emergencies, ang pamahalaan, ang estado, ay pwedeng limitahan, pwedeng i-derogate ang mga karapatan na maaaring mag-threaten sa kalusugan ng mga mamamayan, sa nakakarami," he said.
(It says there that during state of public emergencies, the government, the state, may limite, derogate the rights that could threaten the health of the public.)
"At napakaliwanag din po niyan maging sa ating Saligang Batas, na yung tinatawag po kasing police power para sa maintenance ng peace and order, protection of life, liberty, and property and promotion of general welfare."
(And it is also clear even in our Constitution regarding police power for the maintenance peace and order, protection of life, liberty, and property, and promotion of general welfare.)
The country remains under State of Calamity until September 12, 2022, unless earlier lifted or extended, due to the COVID-19 pandemic.
