The Quezon City regional trial court (RTC) was asked to stop the implementation of the Department of Health’s (DOH) directive to have five-to-11 years old children vaccinated against the coronavirus disease (COVID-19) without the consent of their parents.
The petition, filed by two parents – Girlie E. Samonte and former television reporter Dominic S. Almelor – asked the RTC to issue a temporary restraining order (TRO) or writ of preliminary injunction against DOH’s Department Memorandum No. 2022-0041 dated Jan. 24, 2022.
Named respondents in the petition filed this morning, Feb. 3, were Health Secretary Francisco T. Duque III, Health Undersecretary Maria Rosario S. Vergeire and the DOH Public Health Services Team.
The petitioners were assisted in their pleading by the Department of Justice’s Public Attorney’s Office (PAO).
“There is a clear and present danger that children, who cannot make wise and mature decisions for themselves, will be forced into COVID-19 vaccination against their parents’/guardians’ will. The life and safety of the children are superior over the interest of the Respondents to experimentally inoculate children under the guise of solving the pandemic,” Almelor and Samonte told the RTC.
They told the court that they stand to be affected by the DOH memorandum considering that Almelor has a seven-year-old son, while Samonte has two children aged seven and nine.
“The DOH Memorandum was issued in grave abuse of discretion and unconstitutional, given all the red flags against administration of COVID-19 vaccines to children,” they said.
Through PAO, they asked that the DOH memorandum be declared “unconstitutional and null and void, for being issued in grave abuse of discretion.”
The DOH memorandum states that: “In case the parent/guardian refuses to give consent to the vaccination despite the desire and willingness of the minor child to have himself/herself vaccinated, or there are no persons that may legally exercise parental authority over the child, the State may act as parens patrias (parent of the country) and give the necessary consent. Therefore, the proper officer representing the State as parens patrias may sign the consent form. In this regard, the DSWD or its city/municipal counterparts shall serve as the proper office who shall represent the State.”
Almelor and Samonte said the DOH memorandum is unconstitutional for violating Section 15, Article II of the 1987 Constitution which provides that “the State shall protect and promote the right to health of the people and instill health consciousness among them.”
“It is a state policy which is of no substance and meaning; it is, in fact, of high significance especially in this time of global pandemic,” they said.
“While Petitioners recognize the power and responsibility of the Government to control the pandemic and adopt measures to curtail its further spread, surrounding circumstances still point to its careful administration so as not to grossly disregard human lives, especially of innocent and unsuspecting children,” they stressed.
They also pointed out that there is “no law making COVID-19 vaccination mandatory.”
They cited Republic Act 11525 or the COVID-19 Vaccination Program Act of 2021 which states that “the vaccine cards shall not be considered as an additional mandatory requirement for educational, employment and other similar government transaction purposes.”
Also, citing the Title IX of the Family Code, the two parents said that “parental authority and responsibility may not be renounced or transferred except in the cases authorized by law.”
“The DOH cannot simply deprive a parent/guardian of such authority by virtue of a DOH memorandum, especially in case the parent/guardian has serious concerns about the safety his/her child,” they said.
AT the same time, they pointed out that should anyone die or experience serious adverse affects (SAEs) from the vaccine, they have no recourse since RA 11525 makes the DOH and vaccine manufacturers immune from suit.
“All responsible persons, officials, and entities are immune from suit, despite all the prevailing red flags against COVID-19 vaccination of children: COVID-19 vaccines are still experimental and SAEs including permanent disability and death are anticipated. Of all members of a nation’s citizenry, children should be spared of these undue dangers, uncertainties, sacrifices, and harm,” they said.
It was not known immediately to which branch of the Quezon City RTC was the petition raffled to and if it has been acted upon.