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No criminal liability for voluntary COVID-19 vaccination, says Guevarra
No criminal liability for voluntary COVID-19 vaccination, says Guevarra
Those who have received shots of the vaccines against the 2019 novel coronavirus disease (COVID-19) will not be held criminally liable, Justice Secretary Menardo Guevarra said on Monday, Jan. 4.
Guevarra made the assurance after having issued the order for the National Bureau of Investigation (NBI) to investigate the unauthorized acquisition and use of COVID-19 vaccines.
“Under our existing laws, a person who freely and voluntarily gets himself inoculated with an unregistered or unauthorized drug or vaccine does not incur any criminal liability, unless he himself has caused its unlawful procurement or promotes its use by other people,” the secretary stated.
“Although vaccination is a matter of personal survival, it is important that laws on vaccine approval and administration be strictly observed for the benefit of everyone,” he pointed out.
The secretary cited that Sec. 11 of the Food and Drugs Authority (FDA) Law “prohibits the manufacture, importation, sale, offering for sale, distribution, transfer, promotion, etc. of any health product that is unregistered with the FDA, and Sec. 12 thereof imposes the penalty of fine and/or imprisonment.”
“On the other hand, persons who knowingly or willfully administer an unregistered vaccine may be held liable under the Medical Practice Act of 1959,” he added.
Guevarra has released on Monday, Jan. 4, Department Order No. 314 which instructed the NBI “to conduct an investigation on the reported importation, sale, offering for sale, distribution, administration, and inoculation of COVID-19 vaccines that are not authorized by or registered with the Food and Drug Administration of the Philippines, and, if evidence warrants, to file the appropriate charges against all persons involved and found responsible for any unlawful act in connection therewith.”
In the same order, he also directed NBI Officer-In-Charge Director Eric Distor “to submit reports on the progress of the subject investigation directly to the Office of the Secretary within ten days and periodically thereafter.”
Presidential Security Group (PSG) commander Brig. Gen. Jesus Durante III had earlier admitted that the PSG was able to get COVID-19 vaccines and have its personnel vaccinated to better protect President Duterte from getting infected with COVID-19.
Guevarra had previously issued a statement assuring that the NBI investigation was not prompted by reports about the PSG’s use of the COVID-19 vaccine.