SC: Petitions contesting COVID-19 measures should have been filed at lower courts
MANILA, Philippines — The Supreme Court dismissed petitions challenging the constitutionality of COVID-19 regulations issued by the government’s pandemic task force and other agencies for violating the doctrine of hierarchy of courts.
The court unanimously voted to dismiss the petitions during a session Tuesday, two months after the World Health Organization declared an end to the global emergency status for COVID-19.
“The court held that petitions were dismissible for violating the doctrine of hierarchy of courts as the resolution of the issues raised therein required the determination and adjudication of extremely technical and scientific facts that necessitates the conduct of a full-blown proceeding before a court of first instance,” the SC said.
The petitioners had argued that several of the issuances of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases, Metropolitan Manila Development Authority, Department of Transportation, Land Transportation Franchising and Regulatory Board, Department of Education, Department of Health, and Makati City government trampled on their right to life and liberty without due process of law and constituted an impairment to their right to travel.
They also had contended that the issuances infringed on the equal protection clause for applying only to those without access to private vehicles and were discriminatory against the unvaccinated.
One of the issuances assailed by the petitioners was IATF Resolution 148-B, which mandates all public and private establishments to require its eligible employees who are tasked to do on-site work to be vaccinated against COVID-19 or else subject themselves to RT-PCR testing at their own expense every two week.
As COVID-19 cases declined, the government eased several restrictions such as the mask mandate. Vaccination cards no longer need to be presented to many establishments.
In May, the WHO announced it was ending the public health emergency of international concern, or PHEIC, it declared for COVID-19 more than three years ago. PHEIC is the health agency’s highest level of alert.
The WHO stressed that the threat of COVID-19, however, remains even if it no longer constitutes an emergency.
President Ferdinand “Bongbong” Marcos Jr. is inclined to withdraw the declaration of a state of public health emergency due to COVID-19 in the country.
The Philippines has confirmed over 4.1 million COVID-19 infections, with more than 66,000 fatalities, since the pandemic began in early 2020. There were 6,132 active cases as of Wednesday.
Over 79 million people have been fully-vaccinated against COVID-19 since immunization efforts began in 2021. However, only a little over 24,000 people have gotten boosters.
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