Public Attorney’s Office chief hits ‘no vax, no ride’ mandate as unconstitutional, discriminatory

Public Attorney’s Office chief hits ‘no vax, no ride’ mandate as unconstitutional, discriminatory

Public Attorney’s Office chief Persida Acosta
(Photo: Philstar)

By Lea Luciano
The Philippine Reporter

The Public Attorney’s Office Chief Persida Acosta slams the new ordinance announced by the Department of Transportation (DOTr) that prohibits unvaccinated individuals to ride public transportation calling it discriminatory and unconstitutional.

On January 17, 2022, The DOTr  issued a nationwide order, ‘No Vaccination, No Ride’ policy that requires public commuters to show proof of vaccination through a physical or digital copy of an LGU (Local Government Unit) issued vaccine card or certificate with a valid government-issued ID before riding any form of public transportation.

“I think the policy of the LGU is highly unconstitutional and against the law,” Acosta said on January 16, 2022 in an online interview with ANC’s Karen Davila in the program Headstart.

“Republic Act No. 11525 states that vaccine cards shall not be necessary for educational, any transaction and yet they are circumventing.”

The imposition of the ‘No Vax, No Ride’ policy is not just discriminatory, it is also anti-poor. The ordinary Filipino citizen relies on public transportation to avail goods and services such as buying groceries, commuting to their workplace, and accessing health services.

Many are forced to take their vaccines prior to health or pre-existing conditions that will jeopardize their health and safety to be able to take public transportation.

“Samantala sa (In the meantime), Department of Health portal states that the patients have the right to refuse the vaccine especially if they are immuno-compromised, elderly, sickly, yung mga may natatagong sakit na talagang alam ng doktor nila na binabawalan sila ng doktor na magpabakuna (those who have undisclosed illness that their doctor is aware of and they are told by the doctor not to be vaccinated),” Acosta said.

In 2021, the legislative body anticipated that there will be serious adverse effects from the vaccines, hence the need for a P500-million Indemnity Fund through PhilHealth. According to the law, the manufacturers of the vaccine are not liable for causing the side effects and there is immunity for the officials of DOH.

“Kaya ang talong-talo talaga dito ay ang mga mahihirap. Ang mga taong hindi makapag-paospital kapag may side effects. Sinabi din dito sa batas na hindi ka pala free from COVID kapag ika’y binakunahan kaya yung iba ay nagsesecond thought. (So the losers here are the poor. Those who can’t afford to be hospitalized if there are side effects. It’s also said in the law that you’re not free from COVID even if you’re vaccinated, that’s why some are having second thoughts.),” Acosta added.

Vice presidential aspirant Leni Robredo’s running mate, Senator Francis “Kiko” Pangilinan said that coercive and restricting policies are not the solution to encourage people from taking the vaccine. He recently spoke in an online Zoom forum organized by Malaya Canada.

Pangilinan said that punishing the unvaccinated won’t stop the spread of COVID-19, “kakalat pa rin ang COVID dahil merong mga bakunado na asymptomatic (COVID will still spread because there are vaccinated people who are asymptomatic).”

The government targets to vaccinate 90% of Filipinos to reach herd immunity, and as of January 20, 2022, there are currently 51.77% Filipinos who are fully vaccinated.

“[The no vaccination, no ride policy] is unconstitutional because the bill of rights states that no person shall be deprived of liberty and property without due process of law nor any person can be denied equal protection of the law,” Acosta said.

“The police power of the state should be used by the government, not in an oppressive manner or discriminatory manner.”

In places like Quezon City, Caloocan, and Valenzuela, non-fully vaccinated workers are required to undergo an RT-PCR test every two weeks at their own expense.

“If that is shouldered by the government that’s okay, but if the person himself will be the one paying for it, it’s confiscatory. Kulang pa yung sweldo nya para dyan lalo na yung mga (Their wages are not enough for that, much more those who are) minimum wage earners,” said Atty. Acosta.

“Kulang pa ang sweldo ng maralita. (The poor’s wages are not enough for) pampa-RT-PCR. It cost P2,700 (65.48 CAD) at Red Cross to get RT-PCR and Antigen. Magkano ba ang sweldo ng isang maralitang Pilipino sa isang araw? (How much is the wage of the poor Filipino in a day?) ? Sabihin mo ng 500 pesos, para mo ng pinatay ang mahirap. (Let’s say P500, it’s like killing the poor).”

Penalizing the unvaccinated limits their movement. Those who are found violating will either face financial penalties or be imprisoned for seven days.

“No person shall be imprisoned by reason of his debt. Di ka lang nagpabakuna paparusahan ka?” (You simply refuse to be vaccinated and you’ll be punished?)

Labour and human rights groups are calling out the government to look into the policy’s failure to address the inequality to make the vaccine accessible for the unvaccinated and to ask for the declaration of anti-constitutionality of any mandatory or indirect mandatory vaccination.

The Commission of Human Rights spokesperson Atty. Jacqueline Ann de Guia released a statement regarding the policy of the DOTr towards the unvaccinated’s right to travel saying that this policy “restricts the exercise and enjoyment of fundamental rights.”

“We continue to urge the government to address vaccine hesitancy and the low vaccination rate in the country with education that addresses common misconceptions and positive encouragement. Key to upholding the right to health is informed choice and the government has the obligation to continue to promote and communicate the benefits of vaccination, especially to vulnerable sectors, and not resort to fear or force just to achieve population protection against COVID-19.”