There won't be a blanket immunity given to manufacturers of coronavirus vaccines in the country.
Presidential spokesman Harry Roque explained Tuesday that the government would assume liability for adverse side effects from the vaccine use except for claims arising from willful misconduct or gross negligence.
(OPS / FILE PHOTO)
Such exemption on immunity from liability was stated in Republic Act No. 11525 or the COVID-19 Vaccination Program Act of 2021, according to Roque.
"Despite the fact na sinagot na natin ang side effects, hindi naman lahat ng side effects sasagutin natin. Iyong mga side effects dahil nagkaroon ng willful neglect at saka gross negligence hindi pa rin po natin sasagutin, sang-ayon po sa batas (Despite the fact that we would assume liability for side effects, we won't assume liability for all side effects. For claims due to willful neglect and gross negligence, we won't answer for that. That's under the law)," Roque said during a virtual press briefing Tuesday.
Roque made the clarification a day after President Duterte claimed the government could not assume "sovereign liability" and pay indemnity for complications from the vaccines purchased by the private sector from suppliers abroad. Duterte admitted that this would be illegal and that only Congress could grant such power.
“The government cannot guarantee much less give you an immune status na you are freed of any and all liability. I think we cannot even do that even if we wanted to yung assumption of liability,” he said in a televised address Monday, March 22.
The President's remarks came a month after signing a law establishing the P500-million indemnity fund for vaccine recipients that experience adverse side effects.
Under Section 8 of RA 11525, vaccine manufacturers are immune from suit and liability for claims related to the administration or use of vaccines "except arising from willful misconduct or gross negligence."
In his press briefing Tuesday, Roque tried to clarify the context of the President's statement about indemnity clause in vaccine supplies.
Since experimental vaccines have only been given emergency use approval, Roque said this was the reason any vaccine procurement by the private sector still required government involvement. Any procurement must be carried out in a tripartite arrangement with the government and the vaccine supplier.
"Bakit po? Wala pang commercial sale ang mga bakuna. Lahat yan wala pang certificate of product registration. Mayroon lang emergency use authorization (Why? The vaccines are not yet for commercial sale. They still have no certificate of product registration. There is only emergency use authorization)," he said.