DOJ chief: Local ordinances can allow mandatory vaccination

MANILA, Philippines — Local governments could implement the mandatory vaccination of their constituents against COVID-19 provided they have the ordinance to back it up, the Department of Justice (DOJ) said yesterday.

“Local government units (LGUs), through their legislative organs, may also exercise police power,” said Justice Secretary Menardo Guevarra, citing as an example the local ordinance prohibiting video game arcades within a certain distance from schools.

Likewise, an LGU may exercise its police power to compel all residents in its jurisdiction to get vaccinated in order to increase their protection against the pandemic. But first, the LGU should pass an ordinance requiring inoculation against COVID-19, said Guevarra.

“Theoretically, a local ordinance compelling all residents within the territory of the LGU to get themselves vaccinated against COVID-19 may be enacted even without a national law on the matter,” he said.

“But like all other laws and ordinances invoking police power, it may be challenged in court by anyone on the issue of reasonableness, among others,” he added.

Last Monday, President Duterte threatened to use the state’s police power to make vaccination mandatory.

The justice chief explained that while the President can invoke such power of the state to make vaccination mandatory for all citizens, the absence of legislation to back it up means that anyone who refuses inoculation cannot be penalized.

_{Vaccine passport bill}

The proposed measure for the free issuance of vaccine passports to enable holders to have full access to public areas and business establishments already passed the Senate committee level and is up for plenary debates.

Senate Bill No. 2422, requiring LGUs to issue vaccine and health passports for free, was approved by the Senate committees on finance and on health.

Under the measure, health and vaccine passports will contain the name, address and birthday of the fully vaccinated individual. They will also bear the brand of the vaccine, the dates and places of vaccination, officers who administered the vaccine, and the date and result of RT-PCR tests.

The Department of Health (DOH) will maintain a central database for the verification of the authenticity of the vaccine passport.

Apart from greater access to public areas and commercial establishments, vaccine passport holders would be entitled to non-essential domestic travel, clearance at local checkpoints, and quarantine exemptions or shorter quarantine time.

Sen. Pia Cayetano, who sponsored the proposal, said the issuance of the vaccine passport is not new as they are already being issued in many countries. Eventually, these could be used for international travel.

“It seeks to ensure the interoperability of existing and future digital COVID-19 certification systems and databases as well as their integration into the Philippine identification system,” Cayetano said.

She said the vaccine passports will also be used for the recognition of vaccine cards or certificates issued abroad as a safeguard.

“This is a non-discriminatory law to ensure we don’t discriminate against persons who can’t get vaccinated, due to various reasons such as unavailability of vaccines, valid health concerns…,” Cayetano said.

Sen. Bong Go, co-sponsor of the measure and chairman of the health committee, said the vaccine passport system is expected to encourage more people to get vaccinated because those who have a vaccine passport will be given more access to public areas and business establishments.

It would also serve the purpose of Filipinos who need to work abroad, Go said.

Cayetano said National Economic and Development Authority Secretary Karl Chua, the Department of Tourism (DOT), presidential adviser for entrepreneurship Joey Concepcion, Metropolitan Manila Development Authority Chairman Benhur Abalos, and the restaurants and business sectors have expressed support for the measure. – Cecille Suerte Felipe