The Supreme Court (SC) has dismissed the petition that pleaded to stop the government from purchasing and allowing the use of Sinovac, a Chinese manufactured vaccine against the coronavirus disease (COVID-19).
The dismissed petition also asked the SC to compel the Department of Health (DOH) and the Food and Drug Administration (FDA) to require trials for Sinovac and other brands of vaccines before they are allowed for use.
The petition was filed by former Mayor Pedrito M. Nepomuceno of Boac, Marinduque. Named respondents were President Duterte, Health Secretary Francisco T. Duque III, and Inter-Agency Task Force on Emerging Infectious Diseases and Chief Implementer of the National Task Force Against Covid-19 retired Gen. Carlito Galvez.
In a unanimous full court resolution written by Associate Justice Jhosep Y. Lopez, the SC ruled that Republic Act No. 11494, the Bayanihan to Recover as One Act, bestowed the President the discretion on how to address the pandemic brought about by the COVID-19 pandemic.
The SC said that RA 11494 mandated the President to exercise powers that are necessary and proper to undertake and implement COVID-19 response and recovery interventions.
“In the case of Sinovac vaccine, while many doubt its efficacy, it is not within the office of this Court to issue an order compelling the government to conduct further tests before the same can be distributed to the Filipino people,” it said.
“In the absence of proof that the grant of an EUA (emergency use authorization) was not made in accordance with law and prescribed procedure, this Court cannot issue an order that would stop the procurement and use of the Sinovac vaccine or require additional trials that are not mandated by law,” it stressed.
It pointed out that when the government planned to buy and enter into contracts for the purchase of Sinovac vaccines, there was no law in effect that required the mandatory conduct of clinical trials for the procurement of any COVID- 19 vaccine, including Sinovac.
“On the contrary, the requirement for the completion of clinical trials before a vaccine may be used in the Philippines as required by the Universal Healthcare Act was suspended for a period of three months,” it said.
“Further, discretion was given to the government officials in addressing the spread of COVID-19, giving them enough leeway to decide the interventions they may see as proper by adopting, as a basis, guidelines issued and the best practices adopted by the World Health Organization and the United States Centers for Disease Control and Prevention,” it added.
Also, the SC said that if the petition is granted, Executive Order No. 121 which was issued in line with RA 11494 would be irrelevant.
EO 121 mandates the immediate availability and use of COVID-19 drugs and vaccines as a measure to prevent and suppress the spread of the virus as directed by RA 11494.
At the same time, the SC said that RA 11525, the COVID-19 Vaccination Program Act of 2021, exempted the procurement of COVID-19 vaccines, including subsidiary supplies and services, from the general procurement requirement of public bidding and allowed its negotiated procurement under emergency cases.
Also, it said that RA 11525 mandates that only COVID-19 vaccines that are registered with the FDA or have EUA can be validly procured.
Since the FDA has issued an EUA for Sinovac vaccine on Feb. 22, 2021 and through negotiated procurement, “no valid ground exists to require the conduct of further clinical trials and public bidding.”
“Extraordinary times that present an invisible threat to the health of individuals, unbeknown to humanity, require an immediate, exceptional response from the government. This exceptional response must of course be in line with the guidelines and actions undertaken by an international central authority which, in this case, is the WHO and trusted international agencies,” the SC said.
It also said:
“Petitioner failed to point out any question of law worthy of consideration by this Court. He also failed to present any circumstance or nature of the question raised in the petition that would fall in any of the exceptions for which the legality of the actions taken by the respondents may be thoroughly examined.
“As the judicial branch of the government tasked to interpret laws, settle actual controversies, and keep every government office within the scope of their authority, it is not within the office of the Court to go beyond what the law requires, including those involving the procurement of COVID-19 vaccines.
“As the law has expressly excluded the conduct of clinical trials and exempted its procurement from the general rules of the bidding process, the Court cannot step in to add another layer of requirement before the procurement of COVID-19 vaccines, and their use, specifically those granted with EUA.”