Arrest of vaccine refusers possible – Panelo

MANILA, Philippines — President Duterte’s chief legal counsel believes the 1987 Constitution gives the government sufficient authority, in contrast with presidential spokesman Harry Roque’s interpretation that a law is needed, to arrest vaccine refusers.

In his public address last Monday, Duterte said that to prevent the virus from spreading, he would jail people who do not want to get COVID shots.

“We are in a state of national emergency due to the pandemic. Drastic times
demand for drastic measures. Constitutional provisions on public health, by themselves, are operative and need no subsequent legislation for their enforcement,” chief presidential legal counsel Salvador Panelo said yesterday.

He likewise noted provisions of the Constitution stating that the government’s duty is to “to protect the life and general welfare” of the people” and that while individual liberties are to be respected, the security of the nation is paramount.

Panelo also stressed that since the President is the head of the government, he has the obligation “to do what is necessary to comply with the constitutional command.”

Justice Secretary Menardo Guevarra said the government’s top lawyers don’t discuss issues among themselves before issuing statements.

When asked by reporters if he consults with Panelo, the justice secretary replied: “I don’t consult him before answering your questions.”

No arrests

Philippine National Police (PNP) chief Gen. Guillermo Eleazar yesterday said police will not arrest people who refuse to get vaccinated, saying that he believes the President made the remark to send a strong message.

“We will not arrest anybody because we can see that our countrymen and majority of the public actually want to get vaccinated based on the long queues at vaccination centers,” Eleazar said in Filipino an interview over radio dwIZ.

IATF co-chair and Cabinet Secretary Karlo Nograles agreed with Roque’s view on the need for a law or ordinance, but the ongoing discussions are academic in nature.

For Nograles, Duterte’s order was made “out of exasperation” because non-compliance delays herd immunity.

“Theoretically, can it be done? Theoretically, if Congress passes a law, then yes. We have jurisprudence to that effect that laws protecting public health and welfare of everybody may stand constitutionally. We are neither there nor here yet since there is no law yet,” Nograles said.

Integrated Bar of the Philippines (IBP) president Domingo Egon Cayosa also believes there is no legal basis to apprehend those who refuse vaccination. “There is no law as yet punishing refusal to be vaccinated. Therefore, there is no legal basis for arrest,” said Cayosa.

Instead of threats

Kapatid, the support group for political prisoners, says the government should inoculate 215,000 persons deprived of liberty (PDLs) instead of threatening to arrest those who don’t want the jabs.

“Instead of making threats of arrest, vaccinate those this government already arrested, including 700 political prisoners falsely charged with criminal cases. This government has arrested so many, including sick and elderly activists who don’t deserve even a single day in prison,” said Kapatid spokesperson Fides Lim.

Sen. Panfilo Lacson said yesterday that the Duterte administration should rekindle the bayanihan spirit to get them vaccinated instead of threats of arrest if they refuse inoculation.

“We should get vaccinated not so much due to the fear of being arrested if we refuse, but because we have the bayanihan spirit: we want to do our part to protect those around us, we want to do our part to achieve herd immunity and we want to do our part to finally end the threat posed by the pandemic on our health and on our economy,” Lacson said. – Emmanuel Tupas, Evelyn Macairan, Christina Mendez, Paolo Romero