Health Secretary Francisco Duque III clarified on Monday, Feb. 7 that parental consent cannot be replaced when it comes to vaccinating children ages five to 11.
He made the statement on the first day of coronavirus disease (COVID-19) vaccination of children ages five to 11. This was in relation to a provision under the Department of Health’s Department Memorandum No. 2022-0041 dated Jan. 24, 2022.
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.”
"Nagkaroon lang ng di pagkakaintindihan. Inatasan ko na ang DOH last week na tanggalin yan rider provision na yan (There was just a misunderstanding. I have tasked the DOH last week to remove that rider provision)," Duque said.
A petition was filed by two parents last week - Girlie E. Samonte and former television reporter Dominic S. Almelor that asked the Quezon City Regional Trial Court to issue a temporary restraining order (TRO) or writ of preliminary injunction against DOH’s memorandum.
Duque explained that parental consent may only be replaced under extraordinary circumstances such as in the absence of parents or the designated authorized guardian.
"Only then can the state represent the interest of the child," he added.
He then mentioned that under normal circumstances, parental consent will remain to be absolute and that the state cannot grant permission to vaccinate children aged five to 11 or even those 12 to 17 as well as those four years old and below.
Duque then urged parents who were part of the first day of the COVID-19 vaccination of children aged five to 11 to be their partners in disseminating information on the effectiveness of vaccines against COVID-19.
"Huwag po tayo mag-alala lahat po ng bakuna natin talaga pong may taglay na proteksyon. Sila po ay ligtas, sila po ay de-kalidad, epektibo, at uulitin ko po ito po ay libre wala po dapat naniningil kapag may nagpapabakuna (Don't be worried because all of our vaccines provide protection. These are quality, safe and effective, and I will reiterate that these are free and no one should be asking money in exchange for vaccination)," he said.