Solons remind Duterte of PH indemnity obligation in COVID-19 Vaccination Law


House Deputy Minority Leader and Bayan Muna Rep. Carlos Isagani Zarate on Tuesday, March 23, warned government that President Duterte’s refusal to protect vaccine manufacturers against unwanted adverse effects of their product could put an end to the country’s vaccination program.

Rep. Carlos Isagani Zarate (Bayan Muna Party list Facebook page / MANILA BULLETIN)
Rep. Carlos Isagani Zarate
(Bayan Muna Party list Facebook page / FILE PHOTO)

Zarate issued the warning as administration and opposition lawmakers 

reminded President Rodrigo Duterte that government’s indemnification responsibility on the much-criticized national vaccination program is written in Republic Act NO. 11525 or the COVID-19 Vaccination Law that he recently signed.

“The Covid-19 Vaccination Law provides a legal framework for the vaccination program, including the participation of private entities under a tripartite agreements with the national government and the manufacturers,” said Ako Bicol Partylist Rep. Alfredo Garbin Jr.

On the other hand, ACT Teachers Partylist Rep. France Castro said Duterte’s flip-flopping policy is a glaring indication that government “has no clear and concrete vaccination plan for the country.”

For his part, Albay Rep. Joey Sarte-Salceda clarified that Duterte’s statement on indemnification “should be taken only in the context of “RA 11525.

“The law sets a P500 million indemnification fund that the President can terminate. This hedges us from unwarranted fiscal risks,” Salceda said.

Zarate lamented that Duterte had denied government is willing to cover any demand for indemnification resulting from adverse effects of vaccines administered to Filipinos.

”Pres. Duterte's statement  refusing to pay indemnity for adverse effects of vaccines is absurd and may even jeopardize the country's  already snail paced vaccine roll out,” warned Zarate.

He said Duterte should be blamed for the delay in the vaccination roll-out in the country, noting that Philippines has lagged behind nearly all Southeast Asia countries.

“Tila nakalimutan ni Pangulong Duterte ang batas na mismong siya ang pumirma at nirekomenda ng sarili niyang COVID-19 Inter-Agency Task Force. (It seems President Duterte forgot the law that he signed and was recommended by his own COVID-19 Inter-Agency Task Force).” noted Castro.

Garbin made the same observation.  He said the P500 million COVID-19 National Vaccination Indemnity Fund will be used to compensate alll individuals “who might experience adverse event following immunization.” 

In a recent statement, Duterte said: “Well, one is that the government cannot guarantee much less give you an immune status na you are freed of any and all liability. “

The chief executive stated: “Ang gusto ng mga manufacturers na ang gobyerno — ang private sector magbili, ang gobyerno ang mag-assume ng liability.  Ang hindi ho pwede iyong ganoon. (What manufacturers want is for government to assume liability for what the private sector will purchase.  This is not acceptable.”

Salceda, chairman of the House Committee on Ways and Means, agreed that there is indeed an indemnity fund in RA 11525  but this is not unlimited.

“We cannot give pharmaceutical companies a blank check on the risks of the vaccine. I strongly believe that the vaccines are safe and effective. But that is a guarantee that pharmaceutical providers will also have to give us,” said Salceda.