SAN JOSE, Antique – Vaccination against coronavirus disease 2019 (COVID-19) is pursuant to the public health policy addressing the pandemic. However, there is no law yet that makes the vaccination mandatory.
And here lies the problem, according to Atty. Abdiel Dan Elijah “Ade” Santillan Fajardo, the Antiqueño past national president of the Integrated Bar of the Philippines.
Despite his personal conviction that “importante ang vaccination, kon kulang ang aton nga armas para nga i-implement ri-a in the form of national legislation, basi magka-problema.”
According to Fajardo, the Bayanihan To Heal as One Act and the Vaccination Act of 2021 have no provisions on mandatory vaccination.
“Therefore, wara ti makahambal nga i-enforce ang mandatory vaccination,” said Fajardo during the Gabay Kang Banwa public affairs program.
If local government units (LGUs) through their respective provincial boards or sangguniang bayan (SB) passed ordinances imposing mandatory vaccination, these can be questioned before the court, said Fajardo.
“Ang ordinansa kang sangka LGU, provincial or municipal, is not a ‘law’ contemplated under the Constitution so therefore doubtful ang validity. Ang magwa dyan ka ri-a, ang aton SB will be acting outside the bounds of law,” said Fajardo, candidate for congressman of Antique.
Fajardo revealed he is a COVID-19 survivor. He contracted the virus almost a year ago and this prompted him to get vaccinated and booster shot.
“Vaccination against COVID-19 is pursuant to the public health policy to address the pandemic garing ang question, except as may be provided by law,” said Fajardo.
He also acknowledged the reservations of some people on COVID-9 vaccination and the reasons for their hesitance.
“Duro bay kita ti mga kasimanwa halimbawa, mal-am ron, masakiton. Ang anda tanda paminsaron kon mapatublok pa gid sanda ka bakuna basi madugang pa tana andang mga sakit. Basi amo pa dya ang proximate cause kang anda timprano nga pagpahuway,” said Fajardo.
Some hesitations are based on religious grounds, he added. “Anda pagpati indi gid dya magpamayad kundi nagahalit sa lawas ang mga bakuna.”
“May dyan nga suno man sa science anda na studyohan, mas mayad nga indi magpabakuna…We call them conscientious objectors to mandatory vaccination,” said Fajardo.
He further stressed that the Constitution guarantees everyone’s right to liberty, right to travel, right to your own home, right to locomotion, among others.
These should not be restricted or limited, he said, except as may be provided by law in the interest of national security and public health./PN
