The Public Attorney’s Office (PAO) on Monday, Aug. 22, urged the Commission on Higher Education (CHED) to stop the discrimination against students who are not fully vaccinated against Covid-19.
“Umiiyak sa mga bahay yung mga bata, hindi maka-enroll sa colleges, sa universities (The kids are crying in their homes because they could not enroll in colleges and universities),” PAO Chief Persida V. Rueda-Acosta said during a press conference.
Acosta made the appeal after receiving requests from parents and students for legal assistance.
“These students, with their parents, called and wrote the PAO to seek help, regarding their fate of ever starting or finishing their courses, considering their COVID-19 vaccination status,” PAO said in a statement.
“The concerned students include: those who are not fully vaccinated with any COVID-19 vaccine (with incomplete vaccination or no booster shots), and those who are not at all vaccinated for varied valid reasons, such as, health concerns (those with history of severe allergic reactions to vaccines, immunocompromised, etc.) and unavailability of vaccines,” it said.
Thus, Acosta appealed to CHED Chairperson Prospero “Popoy” E. De Vera III to revoke the Joint Memoranum Circular (JMC) No. 2021 that he signed with former Health Secretary Francisco Duque III. The JMC has been causing problems to students, PAO said.
“Nakikiusap lang po kami (We appeal to you),” Acosta said.
“Nararamdaman ko ang sakit ng loob ng mga estudyante (I feel the pains of the students),” she added.
She added that PAO has already sent a letter to De Vera dated last Aug. 17 for its appeal.
Acosta stressed that the JMC is contrary to the Constitution and Republic Act No. 11525, also known as the COVID-19 Vaccination Program Act of 2021.
“Gumagawa po kayo ng crime sa totoo lang. Itama ninyo na po ito. Huwag na po ninyo hintayin na mademanda ka (You are actually committing a crime. You should correct this. Don’t wait to be sued),” she told De Vera.
Acosta said De Vera should follow the lead of Department of Education (DepEd) Secretary and Vice President Sara Duterte-Carpio and should order schools to allow students to participate in the face-to-face classes regardless of vaccination status.
“Sana gumawa na kayo ng revocation nito at i-require ninyo na lang face masks, observance of protocol (Revoke the CHED memoranda and require students instead to wear face masks and observe health protocols),” she said.
The PAO cited the JMC provides that:
“Only fully vaccinated students of HEIs located in areas under Alert Level 1, 2, and 3 shall be allowed to join limited face-to-face classes. HEIs shall advise fully vaccinated students with significant comorbidities themselves or living with individual/s with similar conditions to consider flexible learning and to take face-to-face classes in succeeding semesters or whenever possible without prejudice to readmission and maximum residency. HEIs shall take additional precautionary measures, as needed, for the vulnerable groups who will participate in the limited face-to face classes.”
“Interestingly, some HEIs, exercising their discretion in following such issuances, go as far as imposing a ‘no vaccination, no enrollment’ policy,” PAO lamented.
The PAO reminded that the Constitution mandates that “he State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all” and “(e)stablish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society.”
Since the Constitution also states that "no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws,” the PAO said “all students should be treated equally, without distinction, especially when there is really no scientific basis in distinguishing and segregating them from each other, to the effect of actually depriving one class or kind (i.e. students under the HEIs – Colleges and Universities) of their human right to education.”
“To deprive these students of their basic human right, tramples upon their dignity as human persons, especially that in a few months or years, these students can already join the workforce into becoming economically independent, and already be of help to their households and the country’s progress, in general, should they finish their chosen courses, promptly and appropriately,” PAO also said in its statement.