COVID-19 vaccination advocate Sen. Panfilo “Ping” Lacson on Saturday, Jan. 8 agree with many members of the legal profession that the Duterte administration’s policy of arresting unvaccinated citizens who will refuse to heed stay-at-home orders might poses a difficult legal issue to resolve.
in a radio interview, Lacson said the issue is legally complicated. Human rights groups have started studying its implications to constitutionally-guaranteed rights of a citizen.
Lacson, Partido Reporma’s standard-bearer in the forthcoming presidential elections, said the issue presents an ethical dilemma that might catch the attention of legal luminaries.
The former chief of the Philippine National Police said the legal dispute over President Duterte’s directive will be on two colliding rights - that of an individual and the society “Alam mo, ‘yung move na ‘yan o suggestion na ‘yan ng presidente, maski mismong mahistrado ng Korte Suprema ang tanungin natin sa legal, hindi ka mabibigyan ng eksaktong sagot kaagad. Sasabihin nila ‘pag-aaralan namin ‘yan.(You know, that move or suggestion of the president, even if you ask a Supreme Court judge as a legal expert about it, you won’t receive an exact answer right away. You may just be told ‘we will study the matter.’),” Lacson said.
“Kasi ang nagbabanggaan diyan ‘yung individual right ng tao, ‘yung karapatan ng isang tao, laban naman sa karapatan ng mas nakakarami... At saka merong batas namang sumasaklaw e, ‘yung Republic Act 11332, ‘di ba? (It puts the rights of an individual on a collision course with the rights of many ... And I believe this is already covered by the Republic Act 11332, right?)” the Partido Reporma chairman explained.
Lacson was referring to the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act of 2018, which already declared it a policy of the state “to protect and promote the right to health of the people and instill health consciousness among them.” “Kung titingnan natin, kung susuriin, meron namang pinanggagalingan na batas. Naipasa ito 2019, ano. In-amend na nga nito ‘yung dating batas pa na nauna. Pero mahabang debate ito kung aabot sa Korte Suprema kung sakaling merong mag-fi-file ng petisyon, ano. (If we look at it, if we analyze it, there is already an existing law. It was enacted in 2019, the amended version of an earlier law. But it will go through a long debate if it reaches the Supreme Court in case someone files a petition against it.),” he stated.
In the same interview, Lacson welcomed reports that the Philippines is getting closer towards achieving herd immunity because around 51 million Filipinos chose to get fully vaccinated against COVID-19 or about half of the adult population in the country.