Local government units (LGUs), in the exercise of their police power, may enact ordinances that would compel their constituents to have themselves vaccinated against the coronavirus disease (COVID-19), Justice Secretary Menardo I. Guevarra said.

Guevarra cited as an example “a local ordinance prohibiting video game arcades within a certain distance from schools is an exercise of police power.”

He pointed out that “theoretically, a local ordinance compelling all residents within the territory of the LGU to get themselves vaccinated against COVID-19 may be enacted even without a national law on the matter.”

But, he said, “like all other laws and ordinances invoking police power, it may be challenged in court by anyone on the issue of reasonableness, among others,”

Last Wednesday, Sept. 29, Guevarra said a law is needed to compel every person to get COVID-19 vaccinations.

“There must be a law making anti-COVID vaccination mandatory. In the absence of such a law, the executive branch may only use moral suasion, including the grant of incentives, to encourage widespread voluntary vaccination,” he said.

He pointed out that President Duterte was correct in his statement that the State may also invoke police power to compel people to have vaccinations as “such power rests upon the inherent right of the State and the people to self-protection.”

However, he said, “this power, especially if accompanied by penalties or sanctions to enforce obedience or compliance, must be exercised through the Legislature.”

In his recent public address, the President reiterated his appeal to the public to get vaccinated against COVID-19.

“Because if everybody does not comply with the vaccines and we can have a widespread wildfire spread, then the police must go in and intervene in your private life so that you cannot be a danger to society,” the President warned.