The Department of Health is citing a Civil Service Commission (CSC) rule drafted using anti-tobacco grant money to prevent tobacco companies from providing COVID-19 vaccines to their employees and dependents.

This widely criticized move by the DOH had been described as “pure evil” in the Senate and with Foreign Affairs Secretary Teodoro Locsin likening it to the Nazi-era where leaders decide who will live or die.

Rep. Jericho Jonas Nograles, in a public hearing investigating the US-sourced grant money influencing the DOH and the Food and Drug Administration, disclosed that in 2010, the DOH received money from the anti-tobacco philanthropy Bloomberg.

The same year, the Civil Service Commission (CSC) and the DOH issued Joint Memorandum Circular 2010-01 banning all forms of government interaction with the tobacco industry.It was during the same period when Health Sec. Francisco Duque III was appointed as CSC chairman following his first tenure as DOH secretary.

This JMC is now being cited by the DOH in moving to ban tobacco companies, together with other selected industries, from availing of COVID-19 vaccines from the government through an administrative order.

Under section 3 of the specific guidelines on Procurement of COVID-19 Vaccines and Ancillary Supplies and Services, the DOH draft AO said, “The DOH, in its review, shall ensure that the tobacco, formula milk, and other industries in conflict with the interest of public health will not be part of this endeavor, pursuant to existing DOH guidelines and issuances.”

Several lawmakers expressed their revulsion with the DOH AO including Sen. Imee Marcos, Senate Minority Leader Franklin Drilon, House Deputy Speaker Bernadette Herrera, and Anakalusugan Rep. Michael Defensor. 

Sen. Marcos said the DOH AO will undermine government COVID-19 vaccination efforts and described it as “downright evil.”

“The administrative order totally contradicts the ‘shared responsibility’ and collaboration the government has sought from the private sector and other organizations through its Philippine National Deployment and Vaccination Plan for COVID-19,” she said.

Sen. Drilon said he is “deeply disturbed by this report. If indeed such a draft administrative order exists, that is a clear violation of the COVID-19 Vaccination Act of 2021. Such a policy is discriminatory and morally unacceptable. The DOH does not have the authority to do that.”
“Why will you discriminate against these companies and their employees. Wala ba silang karapatan na mavaccinate eh Filipino rin naman sila (Don’t they have the right to be vaccinated? They are also Filipinos),” Rep. Herrera said.

Rep. Defensor shared the same sentiment. “Congress never meant to discriminate against any industry when we passed the law establishing the COVID-19 vaccination program, precisely because we recognize that government needs the help of the entire private corporate sector in quickly immunizing as many Filipinos as possible,” Rep. Defensor said.

“These companies are trying to offer solutions and protect their employees as well as their dependents who are Filipinos,” Rep. Herrera added.

Marcos said, “we are about to see a total wipeout of the 50-percent donation of vaccines by these large companies, donations which are stipulated in each tripartite agreement among private entities, vaccine manufacturers, and the government,” Sen. Marcos said.

“That means the entire San Miguel group, the whole Lucio Tan group, Puregold, Nestle, Destileria Limtuaco, all soft drinks producers, Tanduay, Ginebra, White Castle, et cetera,” she said.

Rep. Defensor pointed out that the country is now dealing with the “defining health and socio-economic crisis of our time” and that “we need all hands on deck in suppressing this pandemic.”

“The DOH should not stand in the way of any private corporation that wishes to procure its own supply of vaccines so that it can protect its workers,” he said.

Drilon warned Health Secretary Francisco Duque III that he will call for a Senate investigation if Duque insists on banning private entities from taking part in the vaccination program.

 “Who is playing God here once more?” Drilon asked. “Please stop playing God. This is not the time for politics and selfish agenda. It is our moral responsibility toshare the vaccine.”